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The Nature of Juvenile Delinquency Proceedings
The juvenile delinquency proceeding itself is essentially a closed bench trial. When detention may follow the proceeding, juveniles have been held to have constitutional rights under the due process clause which include adequate notice, the assistance of counsel, the privilege against self-incrimination, and the privilege of confronting and cross-examining the witnesses. In re Gault, 387 U.S. 1 (1967). When a juvenile is charged with an act which would constitute a crime if committed by an adult, the due process clause also requires proof beyond a reasonable doubt. In re Winship, 397 U.S. 358 (1970). The Federal Rules of Evidence appear to apply to juvenile proceedings. See Fed. R. Evid. 1101. Juveniles do not have a constitutional right to a jury trial in juvenile court. McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
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(702) 382-3847

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