10.6. Due Process in the Juvenile Court 
ALISON S. BURKE 
As discussed, the juvenile court was created with rehabilitation and individualized treatment in mind. 
However, between 1966 and 1975, the court became more formalized and started “adultifying” the process. 
Landmark cases for establishing due process rights in the juvenile justice system include. 
Kent v. United States
Kent v. United States  (1966) 
1 
Morris Kent was a 16-year-old boy living in Washington DC  who was on probation for burglary 
and theft.   He was arrested again and charged with three burglaries, three robberies, and two counts of 
rape.  Due to the seriousness of the changes and Kent’s previous criminal history, the prosecutors moved 
to try Kent in adult court. However, because of his age, he was under the exclusive jurisdiction of the 
juvenile court. Kent’s lawyers wanted his case to be heard in juvenile court. Without a hearing or a full 
investigation, the judge sided with the prosecutors and Kent was tried in adult court. He was found guilty 
and sentenced to 30 to 90 years in prison. On appeal, Kent lawyers argued that the case should have to stay 
in juvenile court and it was unfairly moved to adult court without a proper hearing. 
The Supreme Court ruled that while minors can be tried in adult court, the original judge needed to 
conduct a full investigation and an official waiver hearing where the merits of the case were weighed, 
such as the juvenile’s age, prior charges, and mental state. Essentially, Kent was entitled to a hearing 
that provided “the essentials of due process and fair treatment.” This standard includes the right to a 
formal hearing on the motion of waiver and a written statement of the reasons for a waiver, the right to 
counsel, and the defense’s access to all records involved in the waiver decision. It also ruled that “The parens 
patriae philosophy of the Juvenile Court ‘is not an invitation to procedural arbitrariness.'” 
2 
1. Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045 (1966). 
2.  Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, pp. 554-556 (1966) 
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