In Re Winship

397 U.S. 358 (1970)

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Nature of the Case

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Facts

Appellant was a 12-year-old boy who entered a locker and stole $112 from a woman's pocketbook. He was brought to trial in New York where the statutory authority allowed conviction of a juvenile offense from a mere preponderance of evidence. He was sentenced to 18 months in a training school subject to annual extensions until his 18^th birthday. An appeal ensued, and the case was affirmed by the New York State Court of Appeals. The Court of Appeals indicated that a delinquency adjudication is not a 'conviction'; that it affects no right or privilege, including the right to hold public office or to obtain a license, and a cloak of protective confidentiality is thrown around all the proceedings. The delinquency status is not made a crime, and the proceedings are not criminal. There is, hence, no deprivation of due process in the statutory provision. The Supreme Court granted review.