[Peace-discuss] Youth held in Kiwane Case

[LAURIE SOLOMON]

Interesting; I did not know that this was the case.  I have to wonder if constitutionally a minor can be denied a trial by jury if they requested it since the constitution puts no age restrictions on said right to trial by jury.  Of course, that might in itself result in making special adjudicative bodies such as juvenile courts unconstitutional under current civilian laws with respect to criminal offenses and put them in the same category as extra-legal and extra-constitutional adjudicative bodies such as military tribunals, extraordinary renderings under emergency powers acts or official secrets acts, and the like.  A discussion of these things would be interesting.


From: Melodye Rosales 
Sent: Tuesday, November 24, 2009 11:58 AM
To: Courtwatch Discuss 
Cc: Peace-discuss 
Subject: [Peace-discuss] Youth held in Kiwane Case


Hope the Kiwane Case et al investigation has applied this to their findings:



The Supreme Court ruled on the next major juvenile case, In re Winship,
in 1970 (397 U.S. 358, 90 S.Ct. 1068). At that time, many juvenile courts used
“by a preponderance of evidence” as the standard for burden of proof. When
appealed to the U.S. Supreme Court, the Court found that although juvenile
courts were implemented to save (rather than punish) children, they could not
use that rationale to require a lesser burden of proof. The Court stated that
“reasonable doubt” should be the standard of proof in all adjudicatory hearings.
Two years following this case, the Court made its ruling retroactive, meaning all
youth who were convicted by a preponderance of the evidence either had to be
released from custody or adjudicated again using “beyond a reasonable doubt”
as the burden of proof (Bernard, 1992). However, since juveniles had no right to
a jury trial, the juvenile court judge alone would make the subjective
determination of whether the stronger burden of proof had been met.




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