Commonwealth v. Baker

I continue to possess the view that juvenile adjudications should not be used for establishing aggravating circumstances to justify the death sentence. I therefore dissent from the majority opinion that a history of juvenile adjudications may be used as an aggravating circumstance under the Death *571Penalty Statute. I concur, however, in the Court’s affirmance of a finding of murder in the first degree.

Juvenile adjudications do not operate within the same constitutional bounds as criminal proceedings at the adult level. There is no right to a jury trial in juvenile proceedings. In re Terry, 438…