LA-10.5 pt 2
Текст на Статията
- Court Ruling:Due to the severity of Kent's admitted involvement in the robberies and rapes, the juvenile court decided to waive their jurisdiction over over the case. Kent (17) was then tried as an adult where he would be found guilty. Kent's lawyers appealed the decision on the grounds thatthe juvenile court did not conduct a full investigation.The Supreme Court had to determine whether or notthe juvenile court's waiver of jurisdiction was valid. In a 5-4 decision for Kent the Court held that the investigation was in fact not sufficient enough as he did not receivea hearing, access to counsel, or access to his record prior to the waiver.
- Impact:The Supreme Courts ruling in favor of Kent would set a new precedent in juvenile courts. It would forever change juvenile due process in regards to ensuring that juveniles are entitled and grantedtothe same amount of due process as adults when in the jurisdiction of juvenile court.
- This further ensures that what occurred to Kent would not happen again. While Kent may have inevitably ended up being charged as an adult, the juvenile court did not present or grant Kent all that he was entitled to. In a broad view this case established modern-day juvenile rights to which juveniles must be afforded said minimum requirements of due process of law while at transfer hearings.
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