Juvenile Court Exists for a Reason: An Argument in Support of Recognizing a Constitutional Right for Those Under the Age of Majority to be Tried in Juvenile Court

Abstract

The United States Supreme Court has never acknowledged a constitutional right for those under the age of majority to be tried in juvenile court. The Supreme Court held in Kent v. United States that, if the State provides a hearing before a juvenile is transferred to adult court, the hearing must comport with due process. However, the Constitution does not prevent a state from charging a juvenile directly in adult court with-out a transfer hearing. The Supreme Court has not yet set forth any criteria that must be met in order to satisfy the Constitution before a youth is transferred to adult criminal court. Because the Supreme Court has not held that juveniles have a constitutional right to be tried in juvenile court, due process challenges to the concept of direct file have failed. Re-cent Supreme Court case law recognizing the neuroscience of developing brains supports a constitutional right for those under the age of majority to be tried in juvenile court.

Details

Publisher:
Stanford University Stanford, California
Citation(s):
  • Katherine I. Puzone, Juvenile Court Exists for a Reason: An Argument in Support of Recognizing a Constitutional Right for Those Under the Age of Majority to be Tried in Juvenile Court, 19 Stan. J. C.R. & C.L. 157 (2023).
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