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- Title
JUVENILE COURT EXISTS FOR A REASON: AN ARGUMENT lN SUPPORT OF RECOGNIZING A CONSTITUTIONAL RIGHT FOR THOSE UNDER THE AGE OF MAJORITY TO BE TRIED IN JUVENILE COURT.
- Authors
Puzone, Katherine I.
- Abstract
The United States Supreme Court has never acknowledged a constitutional rightfor those under the age ol majority to be tried in juvenile court. The Supreme Court held in Kent v. United Swes that, if the State provides a hearing before a juvenile is transjerred to adult court, the hearing must comfort with due process. However, the Constitution does not prevent a state from charging a juvenile directly in adult court without a transfer hearing. The Supreme Court has not yet set forth any criteria thal must bernd 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. Recent 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.
- Subjects
KENT (England); JUVENILE courts; UNITED States. Supreme Court; DUE process of law; CIVIL rights; CRIMINAL courts; APPELLATE courts; JUVENILE delinquency
- Publication
Stanford Journal of Civil Rights & Civil Liberties, 2023, Vol 19, Issue 2, p157
- ISSN
1553-7226
- Publication type
Article