Step 8Proceeding Against a Juvenile as a
If you proceed with a juvenile adjudication, you should
anticipate a speedy
closed trial that follows nearly all the same rules as a criminal
The proceeding is conducted before a district court judge, since a
cannot impose jail time on a juvenile. 18 U.S.C. § 3401(g).|
The juvenile delinquency proceeding itself proceeds
essentially like a
bench trial. Where detention may follow the proceeding, juveniles
have been held
to have constitutional rights under the due process clause to
to the assistance of counsel, to the privilege against
to confront and cross-examine adverse witnesses. In re
Gault, 387 U.S.
1 (1967). The due process clause also requires proof beyond a
In re Winship, 397 U.S. 358 (1970). Juveniles do not have
constitutional right to a jury trial in juvenile court, McKeiver
Pennsylvania, 403 U.S. 528 (1971), and the federal statutes do
for one. The Federal Rules of Evidence appear to apply to juvenile
proceedings. See Fed. R. Evid. 1101. The Rules of Criminal
not apply in any circumstance where their application is
inconsistent with the
juvenile statutes. See Fed. R. Crim. P. 54(b)(5).
The entire proceeding is subject to the limitations set
forth in 18
U.S.C. § 5038 on disclosure of the identity of the juvenile
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 any
conducting proceedings in a closed courtroom or in chambers.
generally, United States v. A.D., 28 F.3d 1353 (3d Cir.
Upon an adjudication of delinquency, the judge has
impose any of the conditions listed in 18 U.S.C. § 5037. These
restitution, probation (and conditions of probation), and official
not fines. Prosecutors should be aware that there is no supervised
juvenile delinquents. Juveniles sentenced to official detention
to the custody of the Attorney General. The Federal Bureau of
a place of confinement. Juveniles adjudicated delinquent who are
under 21 may
not be placed in an institution in which they have "regular
contact" with adults
convicted of crimes or awaiting trial on criminal charges. 18
U.S.C. § 5039.
There are at present no long-term federal facilities for juveniles.
of Prisons ordinarily places juveniles in state juvenile or private
under contract. Where possible, they are to be placed in foster
community-based facilities located in or near their home
communities. 18 U.S.C.
Sample forms are available on request.
[cited in Criminal Resource Manual 48]