Equal Justice for Juveniles?

The 14th Amendment to the United States Constitution guarantees that no person may be deprived of “life, liberty, or property without due process of law.” However, not all “due process” is equal.

The U.S. Constitution guarantees a trial by jury if you are charged with a felony offense but if you are a juvenile charged with the equivalent of a felony offense you are not afforded this same right. In 1971 the U.S. Supreme Court held that jury trials are not required in juvenile court proceeding. McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The due process standard for juvenile cases is “fundamental fairness” which gives juveniles the right to notice, counsel, confrontation of their accuser, cross-examination and standard of proof but not the right to a jury trial.

If a juvenile is deemed delinquent there may be long lasting consequences greater than the sentence imposed. Depending on the nature of the offense, a juvenile could be denied the fundamental right to own a firearm, may have to register as a sex offender or have past juvenile adjudications used for the enhancement purposes in future proceedings. Because there are all serious and long lasting consequences a jury trial is necessary.

Jury trials give the accused greater protections against false convictions and full due process of law but most states do not extend this protection or this right to juveniles with Utah being one such state. However, there is a growing number of states which either grant juveniles the right to a jury trial outright or provide jury trials to juveniles under special circumstances.

Hopefully through greater public awareness and advocacy efforts, equal due process rights will be extended to juveniles.