The following excerpt is from U.S. v. Hoo, 825 F.2d 667 (2nd Cir. 1987):
Appellant nevertheless contends that this interpretation of the Juvenile Delinquency Act violates the due process clause of the fifth amendment because it allows prosecutors to deprive defendants of the statutory right to a judicial determination as to whether juvenile proceedings should be required, see supra note 1, without due process of law. Relying on Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966), appellant contends that the prosecutor's discretionary determination of the timing of the indictment (and thus the procedures to be accorded the defendant) should be subject to a hearing that comports with minimal standards of due process.
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