McKeiver v. Pennsylvania

(Redirected from 403 U.S. 528)

McKeiver v. Pennsylvania
Court Documents
Concurring Opinions
Dissenting Opinion

United States Supreme Court

403 U.S. 528

McKeiver  v.  Pennsylvania

 Argued: Dec. 9 and 10, 1970. --- Decided: June 21, 1971


The requests of appellants in No. 322 for a jury trial were denied, and they were adjudged juvenile delinquents under Pennsylvania law. The State Supreme Court, while recognizing the applicability to juveniles of certain due process procedural safeguards, held that there is no constitutional right to a jury trial in juvenile court. Appellants argue for a right to a jury trial because they were tried in proceedings 'substantially similar to a criminal trial,' and note that the press is generally present at the trial and that members of the public also enter the courtroom. Petitioners in No. 128 were adjudged juvenile delinquents in North Carolina, where their jury trial requests were denied and in proceedings where the general public was excluded. Held: A trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding. Pp. 540-551, 553-556.

438 Pa. 339, 265 A.2d 350 and 275 N.C. 517, 169 S.E.2d 879, affirmed.

Mr. Justice BLACKMUN, joined by THE CHIEF JUSTICE, Mr. Justice STEWART, and Mr. Justice WHITE, concluded that:


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).