It is common knowledge that a resident of the United States has the right to a trial by a jury of his peers. Amendment VI of the Constitution states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…” But what about in Juvenile Court? Is the option of trial by judge available or not?

Juvenile Court in Ohio is different from adult court in that the Court’s interest is not in punishment of the juvenile offender but in rehabilitation and prevention of recidivism. So a jury trial for a juvenile is not automatic.

However when an adult is charged in Juvenile Court, then a trial by jury is available because the main objective is no longer rehabilitation but what is in the best interest of society and punishment for the deed/crime. So a jury trial is available to the defendant in Juvenile Court.

So when does an adult have their case heard in Juvenile Court. There are many crimes that end up there, but all of them concern juveniles as being victims, offenders or involved parties. For instance an adult arrested for OVI with two children in the vehicle will have the OVI case heard in Municipal Court but the two Child Endangering charges will be heard in Juvenile Court.

I can recall maybe two criminal cases of mine that were heard before a jury in Juvenile Court. The jury selection and rules of the court are the same as set by the Ohio Revised Code for Common Pleas Court jury trials. Whereas an adult has the right to a public trial, juvenile court may put restrictions on attendance and actually close the trial to involved parties only.

The Ohio Revised Code Section 2152.67 is titled jury trial, procedure:

“Any adult who is arrested or charged under any provision in this chapter (delinquent children, juvenile traffic offenders) who is charged with a crime may demand a trial by jury…aThe compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.”

When considering requesting a jury trial or trial by judge, it is my opinion that a defendant would need to think hard and long on having a jury decide their fate when the crime charged involves a child’s welfare. That may explain why I had so few jury trials in juvenile court.

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