This Comment addresses the issue of a juvenile's right to trial by jury. The author traces the origin and development of the juvenile justice system. The author argues that a quid pro quo system was established where a minor's due process rights were exchanged for the protection and rehabilitative efforts of the juvenile court, but that juvenile courts have failed to effect this purpose. The author analyzes United States Supreme Court case law that extends procedural due process rights to minors. The author then analyzes California case law and addresses the trend toward the "criminalization" of California juvenile delinquency proceedings. The author presents the strong public policy benefits of granting juveniles the right to a jury trial, suggests that the continued denial of this right can no longer be justified, and concludes that legislative intervention is necessary to secure this right.
Carol R. Berry,
A California Juvenile's Right to Trial by Jury: An Issue Now Overripe for Consideration,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss5/8