No parent wants to see their child go through the juvenile criminal justice system. Even an adult who has never been arrested in their life likely has some idea how the adult justice system works, from TV if nothing else. However, the juvenile justice system is very different and can be both confusing and overwhelming for both child and parent.

For example, you may wonder if a juvenile has a right to a trial by jury. Keep reading for answers to this and other questions about the juvenile criminal system. Then reach out to Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

The U.S. Constitution gives citizens the right to trial by jury

Many people assume that a child has the right to a trial by jury. After all, there is a clause in the U.S. Constitution that explicitly says so. Unfortunately, this is not the case. A 1971 case before the U.S. Supreme Court resulted in the ruling that juveniles do not have a right to trial by jury in delinquency proceedings.

Could the lack of jury trial be a good thing?

When the U.S. Supreme Court made their decision, they were clear about why. They said that jury trials make the trials “fully adversary,” which goes against the idea that juvenile courts should be there not to punish a child but to help them make better decisions in the future. The court was also worried that it would undermine the confidentiality of the child. Finally, they did not find that a jury trial would improve the ability of courts to determine case facts when came to juvenile courts.

What to expect in the juvenile system

There have been judicial decisions since the Supreme Court case that have put some of the above justifications into question. However, at the moment state governments are not required to provide juveniles with a trial by jury. Instead, there will either be judges or judge-equivalents who will decide the entirety of the case.

Jury trials are only offered to juveniles in very specific cases

Some states allow jury trials for juveniles but only in very specific situations. Of course, if your child ends up charged as an adult they will be going through the adult court system and will be able to request a trial by jury. Your criminal defense attorney can look at the options and decide if a judge or jury trial is best, or if a plea bargain likely offers the best outcome.

Use the lack of jury trial to your advantage

While there are drawbacks to not having the ability to request a jury trial, there are some positives. It is true that just one person will be deciding the fate of your child, but it is also true that instead of 12 people who have no law training, it will be a judge who does understand the law. Second, it is important to remember that juvenile judges are not instructed to punish your child. Contact Law Office of Michael L. Fell at (949) 585-9055 today if you need an attorney to help you find the best way out of this situation.