McKeiver v. Pennsylvania

Plaintiffs

Joseph McKeiver, Edward Terry

Defendant

State of Pennsylvania

Plaintiffs' Claim

That minors had the constitutional right to a jury trial in criminal proceedings against them.

Chief Lawyer for Plaintiff

Daniel E. Farmer

Chief Defense Lawyer

Arlen Specter

Justices for the Court

Hugo Lafayette Black, Harry A. Blackmun (writing for the Court), William J. Brennan, Jr., Warren E. Burger, John Marshall Harlan II, Thurgood Marshall, Potter Stewart, Byron R. White

Justices Dissenting

William O. Douglas

Place

Washington, D.C.

Date of Decision

21 June 1971

Decision

Trial by jury is a constitutional right that does not apply to minors.

Related Cases

• In re Gault, 387 U.S. 1 (1967).

Sources

Levy, Leonard W., ed. Encyclopedia of the American Constitution. New York: Macmillan, 1986.

Further Readings

• Herbers, John. "Court, 6-3, Says Jury Trial Is Not Required for Youths." New York Times, June 22, 1971, p. 1.
• Kramer, Donald T. Legal Rights of Children, 2nd ed. New York: McGraw-Hill, 1994.
• Michigan Law Review, Vol. 70, November 1971, pp. 171-194.
• Oelsner, Leslie. "Would They Do Better with a Jury Trial?" New York Times, June 27, 1971, sec. IV, p. 8.