William J. Brennan, Jr.

“ Juveniles able to bring the community's attention to bear upon their trials may therefore draw upon a reservior of public concern unavailable to the adult criminal defendant. In the Pennsylvania cases before us, there appears to be no statutory ban upon admission of the public to juvenile trials. [2] Appellants themselves, without contradiction, assert that 'the press is generally admitted' to juvenile delinquency proceedings in Philadelphia. ”

“ To some extent, however, a similar protection may be obtained when an accused may in essence appeal to the community at large, by focusing public attention upon the facts of his trial, exposing improper judicial behavior to public view, and obtaining, if necessary, executive redress through the medium of public indignation. ”

“ For me, therefore, the question in these cases is whether jury trial is among the 'essentials of due process and fair treatment.' In re Gault, 387 U.S. 1, 30, 87 S.Ct. 1428, 1445, 18 L.Ed.2d 527 (1967) , required during the adjudication of a charge of delinquency based upon acts that would constitute a crime if engaged in by an adult. ”

“ The cases themselves, which arise out of a series of demonstrations by black adults and juveniles who believed that the Hyde County, North Carolina, school system unlawfully discriminated against black schoolchildren, present a paradigm of the circumstances in which there may be a substantial 'temptation to use the courts for political ends.' Opinion of Mr. ”