The Nature of Juvenile Delinquency Proceedings
The juvenile delinquency proceeding itself is essentially a
trial. When detention may follow the proceeding, juveniles have
been held to
have constitutional rights under the due process clause which
notice, the assistance of counsel, the privilege against
the privilege of confronting and cross-examining the witnesses.
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
proof beyond a reasonable doubt. In re Winship, 397 U.S.
358 (1970). The
Federal Rules of Evidence appear to apply to juvenile proceedings.
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
The entire proceeding is subject to the limitations set forth
in 18 U.S.C.
§ 5038 on disclosure of the identity of the juvenile defendant
information about the juvenile proceedings. The usual methods of
these limitations include filing documents in the case under seal,
juvenile's initials or "John Doe" to describe the juvenile in
conducting proceedings in a closed courtroom or in chambers. See
this Manual at 47 for a sample juvenile
[cited in USAM 9-8.230]