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Essay / Research Paper Abstract
A 4 page research paper that discusses whether or not juvenile defendants should have the right to trial by jury. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: D0_khjjury.rtf
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Unformatted sample text from the term paper:
has traditionally been attached only to criminal prosecutions for serious crimes (Bolster, 1998). Yet, more and more today, juveniles are facing serious criminal charges. Since the 1967 landmark Gault case
went before the Supreme Court, juveniles have had the right to counsel, the right against self-incrimination, the right to notification of charges and the right to confront and cross-examine witnesses
(Burruss and Kemp-Leonard, 2002). However, the Supreme Court did not grant juveniles the right to a trial by jury. The reasons for this are embedded in the history of the
juvenile justice system. Since its inception more than a century ago, the juvenile justice system has processed minors who have broken the law informally and with an emphasis on
the "best interests of the child" as their primary purpose, rather than focusing on punishment and the childs behavior (Burruss and Kemp-Leonard, 2002). Due to this child-advocacy perspective, juvenile court
hearings have historically lacked the adversarial setting of criminal trials and the due process rights of children have not been considered to be an issue (Burruss and Kemp-Leonard, 2002). This
situation is changing as many states have changed their laws in order to take a stricter stance toward juveniles, often trying them as adults. For example, the Illinois Appellate
Court held in 1998 that a 13-year-old first-degree murder defendant had the right to jury trial because state law allowed juries for other juvenile offenders (Gibeaut, 1999). According to Louisiana
Chief Justice Pascal F. Calogero, the legislation that was passed in the late 1990s effective reversed 100 years of state policy in which "adjudicated juvenile delinquents have been treated in
a non-criminal fashion" (Gibeaut, 1999, p. 24). Childrens advocates across the country have warned legislators that they risk the morass of jury trials for juveniles by altering the foundations of
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