Does the Constitution Guarantee a Right to Trial by Jury for Juveniles?
When people under the age of 18 are charged with a serious offense, their case is heard by a Family Court judge. Juvenile court is supposed to be a kinder, gentler court, one more focused on rehabilitation than its adult counterpart. For that reason, juvenile cases are tried before a judge, not a jury. A recent ruling of the Kansas Supreme Court raises the question of whether juveniles have a right to a jury trial. In a landmark decision, the Kansas Supreme Court has ruled that the Kansas Constitution and the United States Constitution grant a juvenile the right to a jury trial. New Jersey Courts are not bound to follow this new Kansas rule, and in very many cases a jury would not make a difference. However, it is now good practice to consider whether to request a jury trial in a juvenile case. In New Jersey, the a Family Court judge sits as the “finder of fact” in a juvenile. That is, in a trial the prosecution presents the evidence to the court (witnesses, documents, photographs, rec
