Page 47 - Juvenile Practice is not Child's Play

An adjudication hearing may be a jury trial or a bench trial. Under Texas law, the child has a right to a jury

trial. If the petition was approved by a grand jury, the jury must consist of 12 jurors. The jury’s verdict must
be unanimous. TFC § 54.03(c)

Whether it is a jury trial or a bench trial, the trial may be before the juvenile court judge of the juvenile court
master. The child has a right to have the case heard before the duly elected juvenile court judge. If the case is
being heard in a county court where the judge was not elected and is not an attorney, the child has the right to
be heard before a district court.

If the child is found not to have engaged in delinquent conduct, the court must dismiss the case with prejudice.
TFC § 54.03(g). Where the child is found to have engaged in delinquent conduct, the court or jury must state

which of the allegations in the petition were found to be established by the evidence. The court must then set
a date and time for the disposition hearing. TFC § 54.03(h).

The state bears the burden of proof. If the defense pleads an affirmative defense, that may shift the burden.
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The standard of proof is beyond a reasonable doubt. The youth is presumed innocent until proven guilty.
The youth may be found to have committed a lesser offense. TFC § 54.03(f).

• Evidence
§ The evidence must meet the requirements of the Rules of Evidence and Chapter 38 of the
Code of Criminal Procedure. TFC § 54.03(d). Only material, relevant, and competent

evidence is admissible. TFC § 54.03(e) has special rules governing evidence. An out-of-court
statement by the youth is insufficient to find guilt without corroboration. Accomplice
testimony is also insufficient unless corroborated, and the failure to corroborate compels
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acquittal. Illegally seized or obtained evidence is inadmissible. TFC § 54.03(e). The social
history report is inadmissible at this hearing.
• Constitutional Protections
§ The youth has several constitutional rights. These include the right of confrontation, the right
to counsel, and the right against self-incrimination (protected by In re Gault, 387 U.S. 1 (1967)).

See Appendix A. Landmark Supreme Court Decisions for a case summary.

• Voir Dire

46 This standard is required by In re Winship, 397 U.S. 358, 25 L. Ed. 2d 368, 90 S. Ct. 1068 (1970) (see Appendix A. Landmark Supreme
Court Decisions for a case summary).
47 In re J.R.R., 696 S.W.2d 382 (Tex. 1985).