Juveniles rights

Juveniles rights

While many of the cases mentioned in the book had major impacts on juveniles and their rights, the four major ones seem to be In re Winship (1970), McKeiver v. Pennsylvania (1971), In re Terry (1970), and Breed v. Jones (1975). Every one of these cases were pivotally “differentiated juvenile case processing from adult criminal case processing and established juvenile rights that continue to be recognized today” (Bartollas, Schmalleger, & Turner, 2019, p. 376).

Looking at In Winship, for instance, the United States Supreme Court that juveniles receive the right of proof beyond a reasonable doubt and that preponderance of evidence is not merely enough to convict a juvenile. In the McKeiver decision, on the other hand, the Supreme Court examined the question of whether or not a juvenile was allowed the right to trial by jury. In Terry was a similar case decided to deny the right of the juvenile to have a jury, though some states still allow juveniles to have a jury hearing (Schwartzbach, 2014). Finally, the Supreme Court looked at Breed’s case and decided the issue of double jeopardy. This case examined the legal right of re-trying a juvenile as an adult after they had been tried as an adjudicatory hearing. The court decided that no, juveniles cannot undergo double jeopardy (Bartollas, et al., 2019). It is important when looking at the rights of juveniles and the accused because the Psalms 82:3 calls Christians to “Give justice to the weak and the fatherless; maintain the right of the afflicted and the destitute” (English Standard Version [ESV]). We are to protect and make sure justice is done.

References

Bartollas, C., Schmalleger, F., & Turner, M.G. (2019). Juvenile delinquency. New York, NY: Pearson.

Schwartzbach, M. (2014, May 22). Do juveniles have a right to trial by jury? Retrieved February 25, 2019, from https://www.nolo.com/legal-encyclopedia/do-juvenil...