In re Stephen W.
In re Stephen W.
Opinion of the Court
In this direct appeal from an adjudication of delinquency in family court, Appellant assigns error to the denial of his motion for a jury trial in a family court juvenile proceeding. Because there is no constitutional right to a jury trial in a family court juvenile proceeding, we affirm.
I.
In August 2012, Appellant, then sixteen years of age, was charged with possession of marijuana. The matter was referred to the family court, where by way of petition, the case was presented to the court. At the adjudicatory hearing, Appellant moved for a jury trial, claiming that he was entitled to a jury trial under the United States and South Carolina Constitutions. The family court denied Appellant’s motion.
The hearing consisted of the officer’s testimony, explaining his foot pursuit of Appellant. During the pursuit, Appellant removed items from his pocket and discarded them. After Appellant was detained, three plastic baggies containing marijuana were retrieved from the area where Appellant had placed the items. Appellant testified, denying any knowledge of the drugs. The family court adjudicated Appellant delinquent and ordered that Appellant spend six consecutive weekends at the Department of Juvenile Justice, complete an alternative educational program, and continue with his prior probation
II.
The South Carolina Children’s Code provides that “[a]ll cases of children must be dealt with as separate hearings by the court and without a jury.” S.C.Code Ann. § 63-3-590 (2010). The family court rules are in accord. See Rule 9(a), SCRFC (“All hearings in the family courts shall be conducted by the court without a jury.”). Appellant contends this statute and family court rule violate his right to a jury trial pursuant to the federal and state constitutions.
A.
We turn to the United States Supreme Court to resolve Appellant’s federal constitutional challenge. In McKeiver v. Pennsylvania, in a plurality opinion, six members of the United States Supreme Court agreed that pursuant to the federal constitution, juveniles are not constitutionally entitled to a jury trial in adjudication proceedings. 403 U.S. 528, 530-57, 91 S.Ct. 1976, 29 L.Ed.2d 647 (1971). We find no authority, and Appellant cites none, supporting his position. Appellant has not overcome the presumption of constitutionality regarding section 63-3-590. As a result, we reject Appellant’s argument that the federal constitution guarantees him a right to a jury trial in a South Carolina family court juvenile delinquency proceeding.
B.
In examining Appellant’s challenge pursuant to the South Carolina Constitution, we begin with the constitutional guarantee to a jury trial, Article I, section 14:
The right of trial by jury shall be preserved inviolate. Any person charged with an offense shall enjoy the right to a speedy and public trial by an impartial jury....
Under the common law in existence at the time of the adoption of the South Carolina Constitution, juveniles were criminally prosecuted in a manner similar to adults and were entitled to the right to a jury trial. See, e.g., State v. Coleman, 54 S.C. 162, 162-63, 31 S.E. 866, 866 (1899) (criminal prosecution of a child younger than fourteen); State v. Toney, 15 S.C. 409, 409-14 (1881) (appeal of a conviction for malicious
In the early twentieth century, South Carolina began experimenting with alternative methods for handling juveniles charged with criminal offenses. See, e.g., Act No. 73, 1917 S.C. Acts 132-35. This eventually resulted in the creation of the South Carolina Children’s Code. See S.C.Code Ann. § 63-19-10 to -2460 (2010 & Supp. 2013). Indeed, the current family court juvenile adjudication process was not in existence at the time our Constitution was enacted. Thus, the focus of our inquiry becomes whether the family court juvenile justice system is of “like nature” to juvenile criminal prosecutions at the time of the enactment of the Constitution. Mims Amusement Co., 366 S.C. at 149, 621 S.E.2d at 348.
The very nature of the juvenile system makes clear the family court juvenile adjudication is an inherently different process than a typical criminal prosecution. Indeed, “[t]he primary purpose of the juvenile process is to exempt an infant from the stigma of a criminal conviction and its attendant detrimental consequences.” In re Skinner, 272 S.C. 135, 137, 249 S.E.2d 746, 746 (1978). “South Carolina, as parens patriae, protects and safeguards the welfare of its children. Family Court is vested with the exclusive jurisdiction to ensure that, in all matters concerning a child, the best interest of the child is the paramount consideration.” Harris v. Harris, 307 S.C. 351, 353, 415 S.E.2d 391, 393 (1992) (citation omitted); see also State v. Cagle, 111 S.C. 548, 552, 96 S.E. 291, 292 (1918) (“The state is vitally interested in its youth, for in them is the hope of the future. It may therefore exercise large powers in providing for their protection and welfare.”).
A brief overview of the family court juvenile justice system is illustrative. The Children’s Code broadly defines the class
These important distinctions between the family court juvenile adjudication process and the traditional criminal justice process demonstrate that the juvenile adjudication process in family court is not of a like nature or similar to the manner in which juveniles were criminally charged at the time the Constitution was enacted. As a result, the South Carolina Constitution does not entitle juveniles to a jury trial in family court adjudication proceedings.
III.
Because the federal and state constitutions do not entitle a juvenile to a jury trial in a family court delinquency proceeding, the judgment of the family court is affirmed.
AFFIRMED.
. Appellant was on probation for contempt and violation of a school attendance order.
. See, e.g., S.C.Code Ann. § 63-1-40(1) (2010) (generally defining "child” as a "person under the age of eighteen” in the context of the South Carolina Children's Code); id. § 63-19-20(1) (2010) (defining "child” or "juvenile” to mean “a person less than seventeen years of age” in the context of the South Carolina Juvenile Justice Code).
. See, e.g., S.C.Code Ann. § 63-19-360(4) (2010) (providing for juvenile detention services for "juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing").
. Our holding today is in accord with the prevailing view. See B. Finberg, Annotation, Right to Jury Trial in Juvenile Court Delinquency Proceedings, 100 A.L.R.2d 1241, at § 2[a] (1965 & Supp. 2014) (‘‘[I]t is now almost universally held that in the absence of a statute which provides for a jury trial in juvenile court delinquency proceedings, the individual charged with being a delinquent has no right, under the pertinent state or the federal constitution, to demand that the issue of his delinquency be determined by a jury.”).
Reference
- Full Case Name
- In the Interest of STEPHEN W., a Juvenile Under the Age of Seventeen
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- Published