Why don juveniles have a jury

A few weeks ago, a year-old defendant charged with murder--let's call him Joey--was in a position unlike any Illinois juvenile murder defendant before him. Although at least 10 states give juveniles charged with murder jury trials in juvenile court, Joey's was the first jury trial here since an Illinois appellate court granted that right last April.

As Joey's jury was being seated, the Cook County State's Attorney's Office was arguing before the Illinois Supreme Court that Joey and other juvenile murder defendants shouldn't get jury trials in future cases.

But these days, murder cases for kids who are fortunate enough to be tried in juvenile court have plenty of "clash and clamor," much of it supplied by prosecutors. In the Ryan Harris case, for example, a prosecutor pointed at the seven- and eight-year-old boys and shouted, "Thou shalt not kill," causing one of the innocent boys to cry.

The press now covers juvenile murder cases as intensely as adult cases. And kids who are convicted of murder in juvenile court no longer get a slap on the wrist; they get sentenced to overcrowded juvenile prisons until they turn You can also refuse all cookies by turning them off in your browser. If you choose not to accept cookies, some of the features of our site may be disabled or rendered unusable.

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If you are under the age of 13, please do not provide any personal information about yourself to us. Policy Changes. We reserve the right to change this privacy policy at any time. Please review the policy periodically for changes. You can email any questions regarding this policy to GC wilentz. LinkedIn Twitter Facebook. Although permitting jury trials in every juvenile case would surely cripple the system because of the numbers involved, permitting the right to a jury trial in the following circumstances might make sense, given the magnitude of the consequences involved: Juvenile offenders facing what would be first or second degree charges if committed by an adult; Juveniles facing the prospect of having to register as a sex offender if convicted.

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Our lawyers are aware of Michigan police tactics in juvenile crime cases, and we will do all we can to protect you from the investigative strategies that could lead to wrongful conviction or unjust sentencing. The juvenile court division of family court is focused on rehabilitation rather than incarceration, and only one out of every 20 cases results in any kind of institutionalization. Because of the unique sentences handed out in juvenile courts, a jury is not necessary, and the right to a jury trial does not apply.

You still have the right to a trial before a judge if accused of a juvenile delinquency action in Michigan, and you will be able to call witnesses and present your case while the prosecution carries the burden of proof to demonstrate beyond a reasonable doubt that you did commit a crime. Contact our MI juvenile crime defense law firm now for a free initial case consultation, and learn more about your legal rights throughout every stage of your case.

Since juvenile defendants do not have the right to a jury trial, it is extremely important to work with an attorney who understands the juvenile court system and how judges make their decisions, and who has experience working with underage clients to achieve just case results. Contact our law firm right away to begin defending against life-changing penalties.

While some procedures are different, the goal of juvenile court trials remains the same: to stand up for your rights and aggressively defend your freedom. The right to trial by jury in the United States Constitution belongs only to adults. In , the U. Supreme Court held that there's no jury-trial right in juvenile delinquency proceedings.

McKeiver v. Pennsylvania , U. See more on Constitutional Rights in Juvenile Cases. Some of the Court's justices expressed concerns, including apprehension that requiring jury trials would:. Later judicial decisions have questioned some of the original justifications for withholding the jury-trial right from minors. See People v. Smith , Cal. But despite those reservations, the fact remains that state governments aren't obligated to provide trial by jury in the juvenile justice system.