McKeiver v. Pennsylvania

{{Infobox SCOTUS case

|Litigants=McKeiver v. Pennsylvania

|ArgueDate=December 10

|ArgueYear=1970

|DecideDate=June 21

|DecideYear=1971

|FullName=McKeiver et al. v. Pennsylvania

|USVol=403

|USPage=528

|ParallelCitations=91 S. Ct. 1976; 29 L. Ed. 2d 647; 1971 U.S. LEXIS 26

|Prior=Terry Appeal, 438 Pa. 339, 265 A.2d 350 (1970); probable jurisdiction noted, {{ussc|399|925|1970|el=no}};
In re Burrus, 275 N.C. 517, 169 S.E.2d 879 (1969); cert. granted, {{ussc|397|1036|1970|el=no}}.

|Subsequent=

|Holding=A trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding.

|Plurality=Blackmun

|JoinPlurality=Burger, Stewart, White

|Concurrence=White

|JoinConcurrence=

|Concurrence2=Harlan (in the judgment)

|JoinConcurrence2=

|Concurrence/Dissent=Brennan

|Dissent=Douglas

|JoinDissent=Black, Marshall

|LawsApplied=

}}

McKeiver v. Pennsylvania, 403 U.S. 528 (1971), is a decision of the United States Supreme Court. The Court held that juveniles in juvenile criminal proceedings were not entitled to a jury trial by the Sixth or Fourteenth Amendments.{{ussc|name=McKeiver v. Pennsylvania|volume=403|page=528|pin=|year=1971}}. The Court's plurality opinion left the precise reasoning for the decision unclear.See In re L.M., 2008 Kan. LEXIS 328 (Kan. June 20, 2008) (briefs for the case can be viewed at http://www.theshipps.com/inrelm)

Background

Joseph McKeiver and Edward Terry were teenagers charged with acts of robbery, theft, assault, and escape. Both were denied a request for a jury trial at the Juvenile Court of Philadelphia. A state Superior Court affirmed the order and, after combining their separate cases into one case, the Supreme Court of Pennsylvania affirmed the decision stating that there is no constitutional right to a jury trial for juveniles. In similar cases, the Court of Appeals and Supreme Court of North Carolina both affirmed the lower court's decision, finding no constitutional requirement for a jury trial for juvenile defendants.{{cite web|title=McKeiver v. Pennsylvania - 403 U.S. 528 (1971)|url=https://www.oyez.org/cases/1970-1979/1970/1970_322|publisher=Oyez: Chicago-Kent College of Law|accessdate=26 October 2013}}

Decision of the U.S. Supreme Court

Although the right to a jury trial is not guaranteed by the U.S. Constitution in these cases states may, and some do, employ jury trials in juvenile proceedings if they wish to do so. Kansas is the first state in the U.S. to articulate that the right should be extended to juveniles under its state constitution.