Juvenile Courts Exist 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

From the 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 without 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. 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.