“ In theory the juvenile court was to be helpful and rehabilitative rather than punitive. In fact the distinction often disappears, not only because of the absence of facilities and personnel but also because of the limits of knowledge and technique. In theory the court's action was to affix no stigmatizing label. In fact a delinquent is generally viewed by employers, schools, the armed services-by society generally-as a criminal. In theory the court was to treat children guilty of criminal acts in noncriminal ways. ”

“ The North Carolina juveniles particularly urge that the requirement of a jury trial would not operate to deny the supposed benefits of the juvenile court system; that the system's primary benefits are its discretionary intake procedure permitting disposition short of adjudication, and its flexible sentencing permitting emphasis on rehabilitation; that realization of these benefits does not depend upon dispensing with the jury; that adjudication of factual issues on the one hand and disposition of the case on the other are very different matters with very different purposes ”

“ Due process in juvenile delinquency proceedings, which are not 'criminal prosecutions,' does not require the States to provide jury trials on demand so long as some other aspect of the process adequately protects the interests that Sixth Amendment jury trials are intended to serve. In the juvenile context, those interests may be adequately protected by allowing accused individuals to bring the community's attention to bear upon their trials. ”

“ The imposition of the jury trial on the juvenile court system would not strengthen greatly, if at all, the fact-finding function, and would, contrarily, provide an attrition of the juvenile court's assumed ability to function in a unique manner. ”

“ The juvenile court is a court of law, charged like other agencies of criminal justice with protecting the community against threatening conduct. Rehabilitating offenders through individualized handling is one way of providing protection, and appropriately the primary way in dealing with children. But the guiding consideration for a court of law that deals with threatening conduct is nonetheless protection of the community. The juvenile court, like other courts, is therefore obliged to employ all the means at hand, not excluding incapacitation, for achieving that protection. ”

“ The Pennsylvania juveniles' basic argument is that they were tried in proceedings 'substantially similar to a criminal trial.' They say that a delinquency proceeding in their State is initiated by a petition charging a penal code violation in the conclusory language of an indictment; that a juvenile detained prior to trial is held in a building substantially similar to an adult prison; that in Philadelphia juveniles over 16 are, in fact, held in the cells of a prison; that counsel and the prosecution engage in plea bargaining; that motions to suppress are routinely heard and decided ”

“ Finally, 'of all the possible due process rights which could be applied in the juvenile courts, the right to trial by jury is the one which would most likely be disruptive of the unique nature of the juvenile process.' It is the jury trial that 'would probably require substantial alteration of the traditional practices.' The other procedural rights held applicable to the juvenile process 'will give the juveniles sufficient protection' and the addition of the trial by jury 'might well destroy the traditional character of juvenile proceedings.' Id., at 349-350, 265 A.2d, at 355. ”

“ Justice Douglas, in separate dissents, took the position that a juvenile is entitled to a jury trial at the adjudicative stage. Mr. Justice Black described this as 'a right which is surely one of the fundamental aspects of criminal justice in the English-speaking world,' 396 U.S., at 34, 90 S.Ct., at 166 and Mr. Justice Douglas described it as a right required by the Sixth and Fourteenth Amendments 'where the delinquency charged is an offense that, if the person were an adult, would be a crime triable by jury.' 396 U.S., at 35, 90 S.Ct., at 167. ”

“ Juvenile Delinquency and Youth Crime 7-9 (1967) , reveals the depth of disappointment in what has been accomplished. Too often the juvenile court judge falls far short of that stalwart, protective, and communicating figure the system envisaged. [4] The community's unwillingness to provide people and facilities and to be concerned, the insufficiency of time devoted, the scarcity of professional help, the inadequacy of dispositional alternatives, and our general lack of knowledge all contribute to dissatisfaction with the experiment. ”

“ Kent was adhered to: 'We reiterate this view, here in connection with a juvenile court adjudication of 'delinquency,' as a requirement which is part of the Due Process Clause of the Fourteenth Amendment of our Constitution.' Id., at 30-31, 87 S.Ct., at 1445. Due process, in that proceeding, was held to embrace adequate written notice; advice as to the right to counsel, retained or appointed; confrontation; and cross-examination. The privilege against self-incrimination was also held available to the juvenile. ”

“ Justice Douglas, in an opinion in which three other Justices joined, said, 'Neither man nor child can be allowed to stand condemned by methods which flout constitutional requirements of due process of law.' 332 U.S., at 601, 68 S.Ct., at 304. ”

“ But failure is most striking when hopes are highest.'
Despite all these disappointments, all these failures, and all these shortcomings, we conclude that trial by jury in the juvenile court's adjudicative stage is not a constitutional requirement. We so conclude for a number of reasons:
1. The Court has refrained, in the cases heretofore decided, from taking the easy way with a flat holding that all rights constitutionally assured for the adult accused are to be imposed upon the state juvenile proceeding. What was done in Gault and in Winship is aptly described in Commonwealth v. ”

“ The Task Force Report has noted them. We refrain from saying at this point that those abuses are of constitutional dimension. They relate to the lack of resources and of dedication rather than to inherent unfairness. ”

“ On appeal, the Superior Court affirmed without opinion. In re McKeiver, 215 Pa.Super. 760, 255 A.2d 921 (1969) .
Edward Terry, then age 15, in January 1969 was charged with assault and battery on a police officer and conspiracy (misdemeanors under Pennsylvania law, Pa.Stat.Ann., Tit. 18, §§ 4708 and 4302 (1963) ) as acts of juvenile delinquency. His counsel's request for a jury trial was denied and his case was heard by Judge Joseph C. Bruno of the same Juvenile Branch of the Court of Common Pleas of Philadelphia County. Terry was adjudged a delinquent on the charges. ”

“ The court allowed him five minutes for the interview. Counsel's office, Community Legal Services, however, had been appointed to represent McKeiver five months earlier. App. 2.↑ In North Carolina juvenile court procedures are provided only for persons under the age of 16. N.C.Gen.Stat. §§ 7A-277 and 7A-278 (1) (1969) .↑ 'A recent study of juvenile court judges * * * revealed that half had not received undergraduate degrees; a fifth had received no college education at all ”