In the case of Kent v. United States in 1965, the U.S. Supreme Court ruled that juveniles have a right to a hearing, representation by counsel and access to their social records before being transferred from juvenile court to adult criminal court for prosecution. The case involved Morris A. Kent Jr., who was charged with housebreaking, robbery and rape at age 16 but was tried as an adult without receiving a formal hearing or having his lawyer present during critical stages of proceedings against him. His attorney argued this violated due process rights under the Fifth Amendment and protection against cruel and unusual punishment under Eighth Amendment of Constitution. The Supreme Court agreed stating that waiver hearings must meet requirements of "fundamental fairness" as part of due process clause.

In the dissenting opinion for Kent v. United States, Justice Stewart disagreed with the majority's decision to reverse and remand the case back to trial court. He argued that there was no statutory requirement for a formal hearing or statement of reasons when waiving jurisdiction over a minor in favor of adult prosecution. While he agreed that due process should be followed, he believed it had been in this case as Kent had legal representation throughout his proceedings and his counsel did not object at any point during these proceedings about lack of access to social records or absence of a hearing before waiver. Furthermore, Justice Stewart pointed out that even if such procedural requirements were necessary under due process clause, they would only apply prospectively rather than retroactively as suggested by the majority ruling.