The American justice system guarantees adult citizens the right to a jury trial as a fundamental component of fair legal proceedings in most criminal cases. However, this right applies differently to juveniles (people under 18). Understanding whether juveniles have the right to a jury trial involves examining the purpose of the juvenile justice system and the legal principles guiding it.
If your child is facing criminal charges, you must seek legal counsel to navigate this complex area of law. Here’s what juveniles and their guardians should know.
Understanding a Jury Trial
A jury trial is a legal proceeding where a those involved in the trial select a group of citizens, called a jury, to hear the evidence in a case. They then make a decision based on that evidence. This process ensures that an impartial groups of their peers judge defendants, rather than solely by a judge.
The Sixth Amendment of the US Constitution guarantees the right to a jury trial for adults in the United States. The Amendment statesthat “the accused shall enjoy the right to a speedy and public trial, by an impartial jury.”
Purpose of the Juvenile Justice System
The juvenile justice system in the United States operates under a different but similar set of principles compared to the adult criminal justice system. It focuses more on rehabilitation than punishment. The goal is to provide juveniles with the guidance and support needed to become responsible and productive members of society.
This rehabilitative approach is based on the belief that young people have a greater capacity for change than adults. The system believes their actions are often the result of immaturity rather than criminal intent.
However, because they are minors their rights are not as extensive as those offered to adults. Although laws vary from state to state, Colorado juveniles only have the right to a jury trial under certain circumstances.
Juveniles and the Right to a Jury Trial in Colorado
In Colorado, juveniles have limited rights to a jury trial, which are governed by state statute. According to Colorado Revised Statute § 19-2.5-610, a juvenile may request a discretionary jury trial only in cases where the charged offenses would be considered felonies if committed by an adult. Whether to grant a jury trial in these cases is at the discretion of the court. However, a juvenile is entitled to a jury trial by right if the juvenile is charged as an Aggravated Juvenile Offender or is charged with a Crime of Violence.
Not all juvenile cases qualify for a jury trial. It’s crucial to understand the specific circumstances under which this right is granted. Consulting a knowledgeable attorney is essential to navigate these legal complexities.
Law provides more information about a juvenile’s right to a jury trial.
Seeking Legal Counsel
If your child is facing criminal charges, understanding their rights and the nuances of the juvenile justice system is critical. Juvenile proceedings can have long-lasting impacts on a young person’s future. Navigating these legal waters requires expertise and experience.
Consulting with an attorney who specializes in juvenile law can provide invaluable guidance. An experienced lawyer can explain your rights and help you build a strong defense. They’ll assist you in negotiating the best possible income based on your circumstances.
For more information or to speak to someone if your child was charged with a crime, contact the Juba Law Office to schedule a consultation.
