Juveniles: Their Right to a speedy trial Free Essay, Term Paper and Book Report
The historic decision of the United States Supreme Court in In re Gault, 387 U.S. 1 (1967), did not address the availability of the Sixth Amendment guarantee of a right to a speedy trial, and no subsequent case has specifically ruled that such a right extends to children in delinquency proceedings in the juvenile court. As a result, the case law on the right to a speedy trial has been somewhat mixed. Some cases have held that the juvenile justice system is still different from a criminal court and uniquely focused on rehabilitation. Thus, the constitutional rights that inhere in an adult criminal trial are not all applicable to such juvenile proceedings, pointing in part to the refusal of the Supreme Court to extend the right to a jury trial to juveniles in McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
These cases point to the essential historical difference between juvenile courts and criminal courts, and the reasons for the continued informality of proceedings in the former. In a larger number of cases, however, the courts choose to apply the Sixth Amendment or comparable state ......
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