The Court of Appeals affirmed in an unpublished opinion. Several recent United States Supreme Court opinions have spoken to this issue of unconstitutional vagueness or lack of … None of the juveniles has been confined on these charges. Snyder v. Massachusetts, 291 U. S. 97, 291 U. S. 105 (1934). Lane filed a cross-appeal, which this court initially decided on February 24, 1971, holding that the district court lacked jurisdiction because the actions of the Board were insufficient to fall within the exception to 50 U.S.C.App. He adds: "The child who feels that he has been dealt with fairly, and not merely expediently or as speedily as possible, will be a better prospect for rehabilitation. David M. Buffington and James E. Gray, with whom was Alfred L. Brennan on the brief, for appellee and cross-appellant. Dec. 10, 1990). The Due Process Clause commands not a particular procedure, but only a result: in my Brother BLACKMUN's words, "fundamental fairness . McKeiver was sixteen years old when he '403 U.S. 528 (1971). Accordingly, I would reverse the judgment in No. It is the application, not the definition, of the sudden emergency doctrine which causes its frequent consideration by the appellate courts. It was emphasized that the latitude the court possessed within which to determine whether it should retain or waive jurisdiction, "assumes procedural regularity sufficient in the particular circumstances to satisfy the basic requirements of due process and fairness, as well as compliance with the statutory requirement of a 'full investigation.'". The Sixth Amendment, where applicable, commands that these interests be protected by a particular procedure, that is, trial by jury. § 20-174.1 (1965 and Supp. In DeBacker v. Brainard, 396 U. S. 28, 396 U. S. 33, 396 U. S. 35, MR. JUSTICE BLACK and I dissented from a refusal to grant a juvenile, who was charged with forgery, a jury trial merely because the case was tried before Duncan v. Louisiana, 391 U. S. 145, was decided. answered by Judge De Ciantis of the Family Court of Providence, Rhode Island, in a case entitled In the Matter of McCloud, decided January 15, 1971. There have been criticisms that juvenile court judges, because of their hearing caseload, do not carefully weigh the evidence in the adjudicatory phase of the proceedings. Pa.Stat.Ann., Tit. § 13: 1579 (Supp. § 62.190(3) (1968); N.J.Stat.Ann. . This will, however, continue to leave the final decision of disposition solely with the judge. 322 for a jury trial were denied, and they were adjudged juvenile delinquents under Pennsylvania law. Held: A trial by jury is not constitutionally required in the adjudicative phase of a state juvenile court delinquency proceeding. E.g., District of Columbia v. Clawans, 300 U. S. 617 (1937). at 348, 265 A.2d at 355, the judges in the juvenile courts "do take a different view of their role than that taken by their counterparts in the criminal courts." Counsel's office, Community Legal Services, however, had been appointed to represent McKeiver five months earlier. In re Burrus concerns the consolidated cases of more than forty juveniles ranging in age from eleven to fifteen. .". It is seeking to reverse the trend [pointed out in Kent, 383 U.S. at 383 U. S. 556] whereby 'the child receives the worst of both worlds. Barbara Burrus and forty­ three other black juveniles, all under the age of sixteen, were tried in a consolidated hearing before a North Carolina state district court judge sitting as a juvenile court. § 208.060 (1962); La.Rev.Stat. The State Supreme Court, while recognizing the applicability to juveniles of certain due process procedural safeguards, held that there is no constitutional right to a jury trial in juvenile court. All of the evidence in the case was produced on behalf of the appellant, except for appellee's testimony that his headlights were on. The juvenile's rights and interests would thus be protected every bit as stringently. Justice Roberts then concluded that such factors do inhere in the Pennsylvania juvenile system: (1) Although realizing that "faith in the quality of the juvenile bench is not an entirely satisfactory substitute for due process," id. No. 33, § 651(a) (Supp. In theory, it was to exercise its protective powers to bring an errant child back into the fold. There was no evidence that any of them ever looked behind them after entering *516 the highway. Trial by jury will provide the child with a safeguard against being prejudged. 129, 254 A.2d 334 (1969); In re D., 27 N.Y.2d 90, 261 N.E.2d 627 (1970); In re Agler, 19 Ohio St.2d 70, 249 N.E.2d 808 (1969); State v. Turner, 253 Ore. 235, 453 P.2d 910 (1969). RONALD LEE BURRUS. Court of Special Appeals of Maryland. Aaron K Burrus. The Court is also aware of the argument that the juvenile court was created to develop judges who were experts in sifting out the real problems behind a juvenile's breaking the law; therefore, to place the child's fate in the hands of a jury would defeat that purpose. In 1998, he took over the chair of Marcuard Cook & Cie SA, a Swiss private bank, which was sold in 2001 to Anglo Irish Bank. (b) Compelling a jury trial might remake the proceeding into a fully adversary process, and effectively end the idealistic prospect of an intimate, informal protective proceeding. WILFORD R. BRASWELL v. RONALD LEE BURRUS. Regards, MR. CHIEF JUSTICE BURGER, concurring. The Court, although recognizing the high hopes and aspirations of Judge Julian Mack, the leaders of the Jane Addams School [Footnote 1] and the other supporters of the juvenile court concept, has also noted the disappointments of the system's performance and experience and the resulting widespread disaffection. The entire group was represented in juvenile court by one attorney, who requested a jury trial and asked that the general public be allowed to attend the hearings.1 Both re- Webster's Dictionary, Second Edition, 1966, defines a peer as an equal, one of the same rank, quality, value. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Despite the fact that the two appellants, aged 15 and 16, would face potential incarceration until their majority, Pa.Stat.Ann., Tit. 1970); Wash.Rev.Code Ann. Appellant recalled nothing that happened from the time the men started pushing the Goff car until some days later. § 260.155 subd. Petitioners in No. 3. Respondent, a juvenile, was adjudged to be a delinquent child by order entered 19 February 1971. Such is this case, for behind the facade of delinquency is the crime of forgery. The adjudication followed a hearing held pursuant to G.S. 4. Burrus passed away in September 1971, at age 64. both criminal offenses, not civil, regardless and independent of the age of the doer. 5. The Court also notes the report of the PRESIDENT's COMMISSION O[N] LAW ENFORCEMENT AND ADMINISTRATION OF JUSTICE, THE CHALLENGE OF CRIME IN A FREE SOCIETY 75 (1967), wherein it is stated: "A juvenile's adjudication record is required by the law of most jurisdictions to be private and confidential; in practice, the confidentiality of those reports is often violated. ... You’re Probably Looking For. The Court's plurality opinion left the precise reasoning for the decision unclear. In In re Burrus3 the Supreme Court dismissed a petition for a writ of ... State University of New York at J.D., 1971, New York University. Finally, the arguments advanced by the juveniles here are, of course, the identical arguments that underlie the demand for the jury trial for criminal proceedings. A typical disposition in the juvenile court where delinquency is established may authorize confinement until age 21, but it will last no longer, and, within that period, will last only so long as his behavior demonstrates that he remains an unacceptable risk if returned to his family. Public trial, in the judgment of this Court, does not affect the juvenile court philosophy. The judge could ascertain as to whether the juvenile can intelligently waive his right and, if necessary, appoint counsel to advise the youth as to the implications connected with the waiver. They appeared to him to be in the right lane, and partly in the left lane. All the litigants here agree that the applicable due process standard in juvenile proceedings, as developed by Gault and Winship, is fundamental fairness. To the contrary are Peyton v. Nord, 78 N.M. 717, 437 P.2d 716 (1968), and, semble, Nieves v. United States, 280 F. Supp. In Re Burrus, 275 N.C. 517, 531, 169 S.E.2d 879, 888 (1969). Counsel has suggested that a jury of a juvenile's peers. The Court carefully has avoided this wooden approach. No. . The charges arose out of a series of demonstrations in the county in late 1968 by black adults and children protesting school assignments and a school consolidation plan. 437-1966); and the Legislative Guide for Drafting Family and Juvenile Court Acts § 29(a) (Dept. Despite disappointments, failures, and shortcomings in the juvenile court procedure, a jury trial is not constitutionally required in a juvenile court's adjudicative stage. In fact, there is increasing reason to believe that its intervention reinforces the juvenile's unlawful impulses. Witnesses for the prosecution and for the defense, social workers, court reporters, students, police trainees, probation counselors, and sheriffs are present in the courtroom. Juveniles able to bring the community's attention to bear upon their trials may therefore draw upon a reservoir of public concern unavailable to the adult criminal defendant. Counsel should act in the best interest of his client, even if this may be in conflict with the parents. P. 403 U. S. 557. Cf. A powerful approach to the development of efficient algorithms is to break a large problem into multiple small ones. They were about 300 feet from him. Over counsel's objection, made in all except two of the cases, the general public was excluded. With this substantial background already developed, we turn to the facts of the present cases: No. In the context of these and similar juvenile delinquency proceedings, what this means is that the States are not bound to provide jury trials on demand so long as some other aspect of the process adequately protects the interests that Sixth Amendment jury trials are intended to serve. When John Goff left the Reds Davis Bar on Eastern Boulevard in Baltimore County shortly after the 2:00 *515 A.M. closing time on October 8, 1967, he found that his car, parked in front of the bar, would not start. 189 N.W.2d 644 (1971) In the Matter of R. Y., Jr., a Person Alleged to be a Juvenile Delinquent. Irl B. Baris, Leonard J. Frankel, Newmark Baris, St. Louis, for respondent. For example, during the first seven months of 1970, the two divisions of the Denver Juvenile Court have had fewer than two dozen jury trials, in both delinquency and dependency-neglect cases. § 7A-285 (1969). 760, 255 A.2d 921 (1969) had been consolidated with McKeiver by the Pennsylvania Supreme Court. 795, 797. The imposition of the jury trial on the juvenile court system would not strengthen greatly, if at all, the factfinding function, and would, contrarily, provide an attrition of the juvenile court's assumed ability to function in a unique manner. Pa.Stat.Ann., Tit. We have not, however, considered the juvenile case a criminal proceeding within the meaning of the Sixth Amendment, and hence automatically subject to all of the restrictions normally applicable in criminal cases. When that time comes, I would have no difficulty in agreeing with my Brother BLACKMUN, and indeed with my Brother WHITE, the author of Duncan, that juvenile delinquency proceedings are beyond the pale of Duncan. So much depends on the availability of resources, on the interest and commitment of the public, on willingness to learn, and on understanding as to cause and effect and cure. S.Rep. V, § 19, proposed by the National Council on Crime and Delinquency (see W. Sheridan, Standards for Juvenile and Family Courts 73, Dept. We have no hesitation in saying, as did the Court of Appeals in Warnke v. Essex, supra, that these facts are not so decisive as to require or justify recognition of the emergency as a matter of law, but we do say that, as in Warnke v. Essex, supra, they created a jury question, upon which an appropriate instruction was required. See In re Burrus, 136 U.S., at 594 . This is because the Court has said it believes "that trial by jury in criminal cases is fundamental to the American scheme of justice." also raised the question of the constitutional right to a jury trial in juvenile proceedings. § 14-273; or (3) obstructing the flow of traffic on a highway or street, N.C.Gen.Stat. Burrus. The child who feels that he has been dealt with fairly, and not merely expediently or as speedily as possible, will be a better prospect for rehabilitation. 2d 282 (Miss.1969); In re J.W., 106 N.J.Super. The fact that a juvenile realizes that his case will be decided by twelve. In each case, the court found that the juvenile had committed "an act for which an adult may be punished by law." at 349-350, 265 A.2d at 355. Id. N.C.Gen.Stat. 128 - In re Barbara Burrus et al mvalaAtieat_ MAY 2 6 1971 MEMORANDUM TO THE CONFERENCE: IfttixttOlatopt-I join the Courts opinion for it marks a pause, at least, in the dismantling of the juvenile court system. (a) The Court has not heretofore ruled that all rights constitutionally assured to an adult accused are to be imposed in a juvenile proceeding. disposed of McKeiver as well as two other appeals. As for the juvenile trial issue he writes: "Whatever may be the classification of juvenile court proceedings, they are often conducted without admitting all the public. Braswell appealed from the judgment entered upon that verdict. There was evidence that the car lights were on. Harris v. New York (1971) Harmelin v. Michigan (1991) Herrera v. Collins (1993) Hiibel v. Nevada (2004) Hurtado v. California (1884) Hutto v. Finney (1978) Illinois v. Caballes (2005) Illinois v. Gates (1983) Illinois v. Perkins (1990) Illinois v. Wardlow (2000) In Re Burrus (1971) In Re Gault (1967) In re Oliver (1948) In Re Winship (1970) There have been, at one and the same time, both an appreciation for the juvenile court judge who is devoted, sympathetic, and conscientious, and a disturbed concern about the judge who is untrained and less than fully imbued with an understanding approach to the complex problems of childhood and adolescence. Whether they should be so equated is our issue. Thus, it is quite possible that we will have teenage jurors sitting in judgment of their so-called "peers. The same lawyer appeared for all the juveniles. McKeiver was sixteen years old when he '403 U.S. 528 (1971). [Footnote 4] The community's unwillingness to provide people and facilities and to be concerned, the insufficiency of time devoted, the scarcity of professional help, the inadequacy of dispositional alternatives, and our general lack of knowledge all contribute to dissatisfaction with the experiment. In re Terry 215 Pa. Super. 492, 280 A.2d 24, and said, at page 501: Appellant does not quarrel here with the definition of sudden emergency as given by the judge, but contends that it was inapplicable, and should not have been given at all. 487, 168 S.E.2d 695 (1969). But failure is most striking when hopes are highest.". Continental Illinois National Bank & Trust. The Juvenile Court in Detroit, Michigan, reports that counsel is appointed in 70-80% of its delinquency cases, but, thus far in 1970, it has had only four requests for a jury. On the other hand, a concern precisely to the opposite effect was expressed by two dissenters in Winship. 468, 87 A.2d 165. Both of the instant cases were tried in Philadelphia County. These cases from Pennsylvania and North Carolina present the issue of the right to a jury trial for offenders charged in juvenile court and facing a possible incarceration. Nor is the purpose to make the juvenile delinquent an object lesson for others, whatever his own merits or demerits may be. 11:56 Trevor Burrus: Now, the Great Famine, you’re really talking about getting into the numbers of who killed more and all these things, which are some of the distasteful conversations about 20th century dictators. was charged with robbery, larceny and receiving stolen goods-felonies under Pennsylvania stat-utes.2 Terry was fifteen years old when he was charged with assault and battery on a police officer and conspiracy-misdemeanors under Penn-sylvania statutes.' The Court concludes that the framers of our Constitution never intended to place the power in any one man or official, and take away the "protection of the law from the rights of an individual." In re McKeiver, 215 Pa.Super. 1969); Ind.Ann.Stat. Juries are not required, and have not been, for example, in equity cases, in workmen's compensation, in probate, or in deportation cases. May 26, 1971 Frolt The Mitt Justice No. 1966-1969. Little, indeed, is to be gained by any attempt simplistically to call the juvenile court proceeding either "civil" or "criminal." In the Juvenile Court of Fort Worth, Texas, counsel is also present in 100% of the cases, and only two jury trials have been requested since 1967. 1970); Ore.Rev.Stat. 13, § 369 (1958); Alaska Stat. His duty is to adjudicate on the evidence introduced at the hearing and not be involved in any pre-adjudicatory investigation. The juvenile concept held high promise. On appeal, the Superior Court affirmed without opinion. . § 7A-285 (1969); N.D.Cent.Code § 27-16-18 (1960); Ohio Rev.Code Ann. 678 (1923); In re Fletcher, 251 Md. The case came to the Supreme Court on appeal from the Supreme Court of Pennsylvania, Eastern District [In re Terry, 438 Pa. 339, 265 A.2d 350 (1970)] and was joined with In re Burrus on certiorari to the Supreme Court of North Carolina [In re Burrus… 322. 1969). In In re Burrus3 the Supreme Court dismissed a petition for a writ of ... State University of New York at J.D., 1971, New York University. In re Barbara Burrus. In these circumstances, I agree that the judgment in No. It is at this stage that a judge's expertise is most important, and the granting of a jury trial. Even when juveniles are not incarcerated with adults, the situation may be no better. 62, 74, 234 A.2d 9, 15 (1967): "It is clear to us that the Supreme Court has properly attempted to strike a judicious balance by injecting procedural orderliness into the juvenile court system. The arguments necessarily equate the juvenile proceeding -- or at least the adjudicative phase of it -- with the criminal trial. In re Burrus, 4 N.C.App. This has produced in them a maturity which is normally acquired much later in life. We are reluctant to say that, despite disappointments of grave dimensions, it still does not hold promise, and we are particularly reluctant to say, as do the Pennsylvania appellants here, that the system cannot accomplish its rehabilitative goals. He was placed on probation. Nor, where juveniles are involved, is there the same opportunity for corruption to the juvenile's detriment, or the same temptation to use the courts for political ends. Leonard Passano Baker, Jr., with whom was Marvin Ellin on the brief, for appellant and cross-appellee. The North Carolina Court of Appeals affirmed. The Constitution has never been construed to say women must be tried by their peers, to-wit, by all-female juries, or Negroes by all-Negro juries. He enlisted the help of several other men then leaving the bar. §§ 2174.1 (1965 and Supp. My experience has shown that the greatest percentage of juveniles who appear before the court in felony cases have lived appalling lives due to parental neglect and brutality, lack of normal living conditions, and poverty. Since Pennsylvania has no statutory bar to public juvenile trials, and since no claim is made that members of the public were excluded over appellants' objections, the judgment in No. It is, of course, not our task to determine as a matter of policy whether a "clinical" or "punitive" approach to these problems should be taken by the States. In fact, a delinquent is generally viewed by employers, schools, the armed services -- by society generally -- as a criminal. The trial judge thereupon ordered each juvenile to be committed to the state institution for the care of delinquents and then placed each on probation for terms from 12 to 24 months. ", "In theory, the court's operations could justifiably be informal, its findings and decisions made without observing ordinary procedural safeguards, because it would act only in the best interest of the child. ", 387 U.S. at 387 U. S. 13. 89-4244 (ED La. the adjudicative stage. § 14-132 (1969); (2) "willful" interruption or disturbance of a public or private school, N.C.Gen.Stat. 1970); Utah Code Ann. It is during this phase that the judge must determine whether, in fact, the evidence has been established beyond a reasonable doubt that the accused committed the acts alleged in the petition. Appellant was on the right end of the line, at the right rear fender. He did not see a car. § 24-2420 (Supp. Pa.Stat.Ann., Tit. 322 and dissenting in No. 1969); Okla.Stat.Ann., Tit. 128 - In re Barbara Burrus et al mvalaAtieat_ MAY 2 6 1971 MEMORANDUM TO THE CONFERENCE: IfttixttOlatopt-I join the Courts opinion for it marks a pause, at least, in the dismantling of the juvenile court system. We're 100% free for everything! Irving Trust Co. (1964-1966) Edmund A. Mennis. Between 1965 and 1969, requests for juries were reported as 'very few. "A recent study of juvenile court judges . The Court's plurality opinion left the precise reasoning for the decision unclear. Barbara Burrus and approximately 45 other black children, ranging in age from 11 to 15 years, [Footnote 3] were the subjects of juvenile court summonses issued in Hyde County, North Carolina, in January, 1969. In re Burrus et al., on certiorari to the Supreme Court of North Carolina, argued December 9-10, 1970. 487, 168 S.E.2d 695 (1969). These cases present the narrow but precise issue whether the Due Process Clause of the Fourteenth Amendment assures the right to trial by jury in the adjudicative phase of a state juvenile court delinquency proceeding. Regards, MR. CHIEF JUSTICE BURGER, concurring. Kent v. United States, 383 U. S. 541 (1966), concerned a 16-year-old charged with housebreaking, robbery, and rape in the District of Columbia. 322 must be affirmed. (3) Although conceding that the post-adjudication process "has in many respects fallen far short of its goals, and its reality is far harsher than its theory," the end result of a declaration of delinquency "is significantly different from and less onerous than a finding of criminal guilt," and, "we are not yet convinced that the current practices do not contain the seeds from which a truly appropriate system can be brought forth. MR. JUSTICE BLACK, after noting that a juvenile being charged with a criminal act was entitled to certain constitutional safeguards, viz., notice of the issues, benefit of counsel, protection against compulsory self-incrimination, and confrontation of the witnesses against him, added: "I can see no basis whatsoever in the language of the Constitution for allowing persons like appellant the benefit of those rights and yet denying them a jury trial, a right which is surely one of the fundamental aspects of criminal justice in the English-speaking world. Kent, 383 U.S. at 383 U. S. 555-556; Gault, 387 U.S. at 387 U. S. 17-19. The Court, however, has not yet said that all rights constitutionally assured to an adult accused of crime also are to be enforced or made available to the juvenile in his delinquency proceeding. The Supreme Court ruled that juveniles do not have a constitutional right to a jury trial. Find Christopher Burrus for free! But one cannot say that, in our legal system, the jury is a necessary component of accurate factfinding. 1 and 2, and need not be repeated at any length here. charged are misdemeanors under North Carolina law. § 45-206 (1964); Del.Code Ann., Tit. They pushed the car onto the highway, and headed east, in the right lane. No juvenile took the stand or offered any witness. Appellant requested a last clear chance instruction, but took exception contending that the judge erred when he qualified it by saying, "This rule of law is called the last clear chance doctrine. 18, § 4302) as acts of juvenile delinquency. (e) Many States, by statute or judicial decision, deny a juvenile a right to jury trial, and the great majority that have faced that issue since Gault, supra, and Duncan v. Louisiana, 391 U. S. 145, have concluded that the considerations involved in those cases do not compel trial by jury in juvenile court. [Footnote 2/1]. APPEAL FROM THE SUPREME COURT OF PENNSYLVANIA. Not only are those risks that mandate juries in criminal cases of lesser magnitude in juvenile court adjudications, but the consequences of adjudication are less severe than those flowing from verdicts of criminal guilt. The Pennsylvania juveniles' basic argument is that they were tried in proceedings "substantially similar to a criminal trial." That willingness to understand and treat people who threaten public safety and security should be nurtured, not turned aside as hopeless sentimentality, both because it is civilized and because social protection itself demands constant search for alternatives to the crude and limited expedient of condemnation and punishment. Among them was Wilford R. Braswell who, by reason of the chain of circumstances thus begun, is the appellant here. at 49-50, 87 S. Ct. at 1455-56. As MR. JUSTICE BLACK said in In re Gault, supra, at 387 U. S. 61 (concurring): "Where a person, infant or adult, can be seized by the State, charged, and convicted for violating a state criminal law, and then ordered by the State to be confined for six years, I think the Constitution requires that he be tried in accordance with the guarantees of all the provisions of the Bill of Rights made applicable to the States by the Fourteenth Amendment. (Henry vs Cherry & Webb, 30 R.I. 13, at 30). The applicable due process standard in juvenile proceedings is fundamental fairness, as developed by In re Gault, 387 U. S. 1, and In re Winship, 397 U. S. 358, which emphasized factfinding procedures, but, in our legal system, the jury is not a necessary component of accurate factfinding. 24:661 tions" expansively.9 Thus, the doctrine has been applied to exclude a myriad of cases from the courts' jurisdiction." The Supreme Court of Pennsylvania granted leave to appeal in both cases, and consolidated them. And finally, neither the opinions supporting the judgment nor the respondent in No. It suffices to say that McKeiver's offense was his participating with 20 or 30 youths who pursued three young teenagers and took 25 cents from them; that McKeiver never before had been arrested and had a record of gainful employment; that the testimony of two of the victims was described by the court as somewhat inconsistent and as "weak"; and that Terry's offense consisted of hitting a police officer with his fists and with a stick when the officer broke up a boys' fight Terry and others were watching. Followed a hearing held pursuant to G.S and need not be concerned with social psychological... Touch with Aaron Burrus by email his case will be decided by twelve at,. Of North Carolina, argued December 9-10, 1970, so have enforcement... Presently conducted are far from committing error in giving the instruction, the juvenile a... A ), notwithstanding petitioners ' repeated demand for a jury trial. he! 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