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Mckeiver Vs. Pennsylvania
Cites for this judgment
- US Supreme Court
- Jun 21, 1971
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U.S. 528 (1971) U.S. Supreme Court McKeiver v. PennsylvaniaSearch
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U.S. 528 (1971) McKeiver v. PennsylvaniaSearch
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juvenile a right to jury trial, and the great majority that have faced that issue since Gault, supra, and Duncan v. LouisianaSearch
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U.S. at 332 U. S. 601 . 2. Gallegos v. ColoradoSearch
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U. S. 49 (1962), where a 14-year-old was on trial, is to the same effect. 3. Kent v. UnitedSearch
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a State must provide appellate review in juvenile cases or a transcript or recording of the hearings. 5. DeBacker v. BrainardSearch
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However, because that appellant's hearing had antedated the decisions in Duncan v. LouisianaSearch
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U. S. 145 (1968), and Bloom v. IllinoisSearch
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S. 194 (1968), and because Duncan and Bloom had been given only prospective application by DeStefano v. WoodsSearch
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the Fifth Amendment's guarantee against self-incrimination had been imposed upon the state criminal trial. Malloy v. HoganSearch
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U. S. 1 (1964). So, too, had the Sixth Amendment's rights of confrontation and cross-examination. Pointer v. TexasSearch
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U. S. 400 (1965), and Douglas v. AlabamaSearch
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Id. at 387 U. S. 13 -14. V TheSearch
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it surely would have not taken had it felt that the integrity of the result was seriously at issue. And in Williams v. FloridaSearch
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the state juvenile proceeding. What was done in Gault and in Winship is aptly described in Commonwealth v. JohnsonSearch
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by dictum that a jury is not a necessary part even of every criminal process that is fair and equitable. Duncan v. LouisianaSearch
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principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.' Snyder v. MassachusettsSearch
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Bible v. StateSearch
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Dryden v. CommonwealthSearch
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Hopkins v. YouthSearch
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State v. TurnerSearch
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Ore. 235, 453 P.2d 910 (1969). See In re Estes v. HoppSearch
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McMullen v. GeigerSearch
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Neb. 581, 169 N.W.2d 431 (1969). To the contrary are Peyton v. NordSearch
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N.M. 717, 437 P.2d 716 (1968), and, semble, Nieves v. UnitedSearch
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Cinque v. BoydSearch
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Commonwealth v. PaleSearch
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Singer v. UnitedSearch
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substitute for public or jury trial in protecting the petitioners against misuse of the judicial process. Cf. Duncan v. LouisianaSearch
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criminal offenses may be tried without a jury notwithstanding the defendant's request. E.g., District of Columbia v. ClawansSearch
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MR. JUSTICE HARLAN, concurring in the judgments. If I felt myself constrained to follow Duncan v. LouisianaSearch
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law or due process. See my concurring and dissenting opinion in Duncan and my separate opinion in Williams v. FloridaSearch
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at least a possible five-year incarceration. No adult could be denied a jury trial in those circumstances. Duncan v. LouisianaSearch
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proof beyond a reasonable doubt. In re Winship, 397 U. S. 358 . Page 403 U. S. 561 In DeBacker v. BrainardSearch
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to grant a juvenile, who was charged with forgery, a jury trial merely because the case was tried before Duncan v. LouisianaSearch
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court has had less than five jury trials in the year 1969 to 1970. The recent Supreme Court decision of Williams vs FloridaSearch
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means at common law, a trial by a jury of twelve men, State vs. SimmonsSearch
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he is entitled to a trial by jury. ( Henry vs CherrySearch
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U.S. Supreme Court McKeiver v. PennsylvaniaSearch
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and Duncan v. LouisianaSearch
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Kent v. UnitedSearch
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and Bloom v. IllinoisSearch
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