39
The Nature of Juvenile Delinquency Proceedings
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The juvenile delinquency proceeding itself is essentially a
closed bench
trial. When detention may follow the proceeding, juveniles have
been held to
have constitutional rights under the due process clause which
include adequate
notice, the assistance of counsel, the privilege against
self-incrimination, and
the privilege of confronting and cross-examining the witnesses.
In re
Gault, 387 U.S. 1 (1967). When a juvenile is charged with an
act which would
constitute a crime if committed by an adult, the due process clause
also requires
proof beyond a reasonable doubt. In re Winship, 397 U.S.
358 (1970). The
Federal Rules of Evidence appear to apply to juvenile proceedings.
See
Fed. R. Evid. 1101. Juveniles do not have a constitutional right
to a jury trial
in juvenile court. McKeiver v. Pennsylvania, 403 U.S. 528
(1971).
The entire proceeding is subject to the limitations set forth
in 18 U.S.C.
§ 5038 on disclosure of the identity of the juvenile defendant
and
information about the juvenile proceedings. The usual methods of
complying with
these limitations include filing documents in the case under seal,
using the
juvenile's initials or "John Doe" to describe the juvenile in
pleadings, and
conducting proceedings in a closed courtroom or in chambers. See
this Manual at 47 for a sample juvenile
information.
[cited in USAM 9-8.230] | |