The U.S. Supreme Court ruling issued on May 15, 1967, In re Gault, found for the first time that juvenile court cases are adversarial criminal proceedings. That gave youthful offenders the right to a defense lawyer, formal rules of criminal procedure and a chance to present their side of the story in an open hearing.
What was the effect of the Gault case for juveniles?
While the Gault case gave juveniles many of the due process protections afforded adults, it did not give minors the right to a jury trial in a delinquency proceeding. Today, minors are still judged in a separate system, but they now have rights. What happened to Jerry Gault?
Do juvenile offenders have due process rights?
By a vote of 8-1, the Supreme Court reversed. Given the importance of due process rights, the Court concluded that juveniles were entitled to the same procedural protections as adults, including the right to an attorney, the right to remain silent, the right to notice of the charges, and the right to a full hearing on the merits of the case.
Do 14-year-olds have the right to counsel in juvenile court?
The case involved a 14-year-old boy, who was sentenced to seven years in a juvenile detention center after making a lewd phone call. Today, the right to counsel is assured under the law.
What was the impact of in re Gault?
In re Gault Establishes Due Process Rights for Juveniles. In In re Gault , 387 U.S. 1 (1967), the U.S. Supreme Court held that juveniles facing delinquency prosecutions must be afforded the due process protected by the Fourteenth Amendment. The case is viewed as turning point in the constitutional rights of juveniles.
What is the primary impact of In Re Gault on juvenile justice?
The In Re Gault case is important because it forever changed the way constitutional due process and habeas corpus protections are interpreted in juvenile criminal cases by requiring defendants under the age of 18 to be provided with the same constitutional guarantees when accused of crimes.
What is the impact of In Re Gault case?
Today is the 50th Anniversary of In Re Gault, the U.S. Supreme Court case that granted children the right to counsel and other key due process protections when facing delinquency charges in juvenile court.
What rights did In Re Gault give juveniles?
In re Gault et al. Juveniles tried for crimes in delinquency proceedings should have the right of due process protected by the 5th Amendment, including the right to confront witnesses and the right to counsel guaranteed by the Sixth Amendment.
What was the Court's decision In Re Gault What was the impact of this decision?
The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the ...
What is the impact of In Re Gault 1967 on society?
In In re Gault, 387 U.S. 1 (1967), the U.S. Supreme Court held that juveniles facing delinquency prosecutions must be afforded the due process protected by the Fourteenth Amendment. The case is viewed as turning point in the constitutional rights of juveniles.
What was the result of the Gault decision quizlet?
The Gault decision established some rights for juveniles: notice of charges, legal representation, confrontation and cross-examination of witnesses, and protection against self-incrimination.
What rights did re Gault violate?
Gault's commitment to the State Industrial School was a violation of the 6th Amendment since he had had been denied the right to an attorney, had not been formally notified of the charges against him, had not been informed of his right against self-incrimination, and had not been provided an opportunity to confront his ...
Why is the Gault decision considered the most important event in the history of juvenile justice?
The Gault decision introduced aspects of criminal trial procedure into juvenile court proceedings. Perhaps the most significant of these was the right to counsel. For the first time since its creation, the juvenile court system was required to involve juvenile defense attorneys in the adjudication process.
What was Gerald Gault denied?
The United States Supreme Court, with an eight to one majority, held that Gerald Gault had been denied due process of law under the U.S. Constitution. It held that minors, accused of crimes, must be given many of the same rights as adults.
What was the key effect of the U.S. Supreme Court's decision In Re Gault quizlet?
What was the key effect of the U.S. Supreme Court's decision in Re Gault? It extended basic due process protections to juvenile offenders.
What rights do juveniles have?
Given the importance of due process rights, the Court concluded that juveniles were entitled to the same procedural protections as adults, including the right to an attorney, the right to remain silent, the right to notice of the charges, and the right to a full hearing on the merits of the case.
Why was Gerald Gault taken into custody?
Gerald Gault, who was 15-years-old, was taken into custody based on a complaint that he had made lewd telephone calls. At a hearing before a juvenile court judge, the complaining witness was not present, no sworn testimony was heard, no transcript was made, and no testimony recorded.
Who wrote the majority opinion in the Kangaroo Court case?
By a vote of 8-1, the Supreme Court reversed. Justice Abe Fortas authored the majority opinion of the court, writing: “The condition of being a boy does not justify a kangaroo court.”
What is the purpose of the In re Gault decision?
Decisions made by the Supreme Court for In re Gault (1967) altered the principles of the juvenile justice system and made it similar to the adult justice system, and the purpose of this paper is to describe and summarize more Supreme Court decisions and cases that have contributed to changing the due process rights of juvenile delinquents.
What rights did the Supreme Court give to juveniles?
Thus, the Supreme Court stated that juvenile offenders became entitled to “basic due process rights, including advance notice of charges, the right to counsel, the rights to confrontation ...
Why was Gerald Gault arrested?
Thus, 15-year-old Gerald Gault was arrested for making improper phone calls to Mrs. Cook, but his parents were not informed, and he did not receive the prior notice of the charges. During informal hearings, it was decided that Gault would be committed to a juvenile school for six years (Wills, 2017). The decision was reconsidered in the context of ...
What case affirmed the principle of double jeopardy?
In the 1970s, there was one more case that contributed to extending and altering the due process rights of juvenile delinquents. In Breed v. Jones (1975), the Supreme Court stated that, according to the principle of the double jeopardy clause, the further criminal prosecution of a minor was prohibited if the case had been heard previously involving ...
When did the Supreme Court change the rights of minors?
The situation changed in 1967 when the Supreme Court formulated the due process rights of minors that were similar to the rights of adults. Further cases developed the process of extending rights for juvenile offenders in order to avoid the use of the parens patriae principle and guarantee the equality in treating minors.
Which case extended the due process rights of juveniles?
Consequently, juvenile hearings became formal and similar to adult hearings. The next case that extended the due process rights of juveniles was In re Winship (1970). In this case, the Supreme Court decided to apply the “beyond a reasonable doubt” principle to juvenile proceedings instead of the “preponderance of the evidence” principle (Hannan, ...
When did due process rights change?
The situation changed in 1967 with reference to the case of Gerald Gault when the U.S. Supreme Court formulated the due process rights of juveniles (Wills, 2017). Decisions made by the Supreme Court ...
Why were the new courts based on rehabilitation and care?
[2] . Because the courts were viewed as helping juveniles instead of subjecting them to criminal penalties, judges dispensed with many of the constitutional rights and procedures inherent to adult criminal proceedings.
When did Illinois create the juvenile court system?
In 1899 , Illinois created the first separate juvenile court system; most other states followed shortly thereafter. [16] The new system removed juveniles from the adult criminal courts with the intention to focus on rehabilitation rather than punishment; the perception was that children were both less culpable for their actions and more responsive to rehabilitative treatment than adult offenders. [17] The hope was that a specially trained juvenile court judge could determine individualized therapeutic remedies in the best interests of each child. [18]
What was the basis of Michael C. Gault?
Michael C. and the resulting jurisprudence and legislation not only ignore Gault ’s admonition that children should be treated with the greatest care, but also Gault ’s basis for that admonition. Gault was not a Miranda case that argued for juveniles’ dignity. The majority in Gault saw due process as key to ensuring the accuracy of the proceedings and preventing false confessions and wrongful convictions, a concern not mentioned in Michael C.
What is the Michael C totality test?
totality test. Theoretically, this test allows judges the discretion to weigh the age of a child more heavily and thereby extend greater protections to juveniles. In practice, however, judges generally do not grant these protections. Kenneth King’s analysis of several hundred juvenile-waiver cases reveals only “grudging, if any, accommodations to the youth of the accused.” [77] While some states have adopted rules rendering certain juvenile interrogations per se inadmissible if a parent or other interested adult is not present, [78] thirty-five states and the District of Columbia use the Michael C. totality test without modification. [79] Many state courts analyze waiver under adult Miranda jurisprudence, which takes no account of a suspect’s age and therefore often leads to a finding of valid waiver. [80] The legacy of Michael C. is that juveniles now are found to have validly waived their Miranda protections more than 90 percent of the time. [81]
What is mandatory recording of interrogations?
A more practical (and politically feasible) solution , endorsed by many commentators, is mandatory recording of interrogations. [163] This provides an accurate record of all that goes on during an interrogation, including waiver and confession. [164] When applying the totality test, for example, a judge watching videotape could better assess whether waiver was voluntary and whether the police legitimately obtained the confession. [165] Courts would no longer have to render voluntariness decisions based on conflicting testimony as to what occurred in an interrogation room. [166]
A constant balancing act
As the Gault decision turns 50, evidence of its impact is visible in the vast network of juvenile courts, judges and attorneys trained to balance the best interests of the child within the Constitution and a web of protections unheard of when Gerald Gault and a friend made that fateful call to a neighbor, identified in court simply as Mrs. Cook.
Making the case
Less than six months before Fortas issued the final Gault ruling, the case was argued before the Supreme Court in December 1966. A team of young, talented lawyers, led by American Civil Liberties Union attorney Ken Dorsen, made many of the same arguments Fortas would embrace.
The Gault case today
The decision in Gault was embraced quickly, immediately changing the way juvenile courts, prosecutors and defense attorneys operated, advocates said.
How long was Gault in jail?
An adult charged with the same crime would have received a maximum sentence of a $50 fine and two months in jail. The report was not disclosed to Gault or his parents. At the conclusion of the hearing, the judge committed Gault to juvenile detention for six years, until he turned 21.
What court did Judge Gault go to?
Lower Courts: The proceedings against Gault were conducted by a judge of the Superior Court of Arizona who was designated by his colleagues to serve as a juvenile court judge.#N#Lower Court Ruling: The juvenile court judge committed Gault to juvenile detention until he attained the age of 21. At that time, no appeal was permitted in juvenile cases by Arizona law; therefore, a habeas petition was filed in the Supreme Court of Arizona and referred to the Superior Court for a hearing. The Superior Court dismissed the petition, and the Arizona Supreme Court affirmed.
What court did the Gaults file a petition for?
Gault’s parents filed a petition for a writ of habeas corpus, which was dismissed by both the Superior Court of Arizona and the Arizona Supreme Court. The Gaults next sought relief in the Supreme Court of the United States. The Court agreed to hear the case to determine the procedural due process rights of a juvenile criminal defendant.
When did Gerald Gault get his habeas corpus?
The petition was not served on Gault or his parents. In fact, they did not see the petition until more than two months later, on August 17, 1964, the day of Gerald’s habeas corpus hearing. The June 9 hearing was informal.
Who was Gerald Gault?
Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home. Gault was on probation when he was arrested, after being in the company ...
Did Gault's parents know about his arrest?
The arresting officer left no notice for them and did not make an effort to inform them of their son’s arrest. When Gault’s mother did not find Gault at home, she sent his older brother looking for him.
Can a juvenile appeal a habeas petition in Arizona?
At that time, no appeal was permitted in juvenile cases by Arizona law; therefore, a habeas petition was filed in the Supreme Court of Arizona and referred to the Superior Court for a hearing. The Superior Court dismissed the petition, and the Arizona Supreme Court affirmed.
What were the rights of juveniles before Gault?
Prior to Gault, procedural protections such as notice of the charges, the privilege against self-incrimination, and the right to counsel were generally ignored in juvenile proceedings. Under the doctrine of parens patriae (the state as parent), delinquent juveniles were viewed as wards of the state and were not considered to be on trial. The juvenile court’s goal was not to assign guilt or innocence, but rather to treat or rehabilitate the child. Early reformers thought that applying rigid rules of criminal procedure would only frustrate these benevolent purposes. Id. at 15-16. Thus, the state’s duty to protect the health and welfare of juveniles outweighed the state’s duty to protect their individual liberties.
What was the goal of juvenile court?
The juvenile court’s goal was not to assign guilt or innocence, but rather to treat or rehabilitate the child. Early reformers thought that applying rigid rules of criminal procedure would only frustrate these benevolent purposes. Id. at 15-16.
What is due process rights?
On May 15, 1967, the U.S. Supreme Court granted due process rights to children in the landmark case of In re Gault, 387 U.S. 1 (1967). The case involved 15-year-old Gerald Gault, who was taken into police custody without notice to his parents, held for four days, and committed to a juvenile facility for a maximum of six years for making a prank phone call to his neighbor. He received no prior notice of the charges and was adjudicated delinquent following an informal hearing with a judge without any witnesses or representation by counsel. His case would spark outrage today but was the norm for juvenile proceedings at the time. When the Supreme Court reversed Gault’s adjudication, it transformed the nature of juvenile court by defining basic requirements of due process that now apply to all delinquency hearings. These rights include: 1 the right to notice of the charges; 2 the right to an attorney; 3 the right to remain silent; and 4 the right to confront and cross-examine witnesses.
What is the 50th anniversary of Gault?
As the 50th anniversary of Gault approaches, the National Juvenile Defender Center is commemorating the decision through its “ Gault at 50 ” campaign which urges juvenile defenders and other juvenile advocates to recommit themselves to protecting the rights of children.
How long was Gerald Gault in custody?
The case involved 15-year-old Gerald Gault, who was taken into police custody without notice to his parents, held for four days, and committed to a juvenile facility for a maximum of six years for making a prank phone call to his neighbor.
What rights did the Supreme Court give to juveniles?
These rights include: the right to notice of the charges; the right to an attorney; the right to remain silent; and. the right to confront and cross-examine ...
Is due process still in juvenile court?
Despite Gault ’s mandate, “due process” still hasn’t been clearly defined in juvenile proceedings. Because the decision applies only to adjudication hearings, questions still remain about the scope of due process applicable to other stages of juvenile court.
How did the Gault case change juvenile courts?
The Gault case went a long way toward changing juvenile courts by abolishing the old paternal system that operated on the notion that judges and probation officers know best. While the Gault case gave juveniles many of the due process protections afforded adults, it did not give minors the right to a jury trial in a delinquency proceeding. Today, minors are still judged in a separate system, but they now have rights. What happened to Jerry Gault? He joined the army and retired after 23 years of distinguished service to his country.
When did juvenile courts start?
The juvenile court system began in Chicago after Illinois passed the Juvenile Court Act of 1899. By 1925, there were juvenile courts in every state except for Wyoming and Maine. The idea behind these early juvenile courts was a noble one, but it was also flawed. They applied the “parens patriae” doctrine.
What was the Gault case?
Before the Gault case, kids in trouble landed in a paternalistic juvenile court system. The juvenile system did not give kids basic due process rights under the Constitution. They did not have the same protections as adults who committed similar crimes. That changed after an Arizona boy was arrested for making an obscene phone call to his neighbor.
What did the Gault family argue in the Arizona Supreme Court?
When the Gault family petitioned the Arizona Supreme Court for a writ, the Court responded by kicking the case back to Judge McGhee for a rehearing.
What happened to Gerald Gault?
Both his parents worked, and Jerry spent his time hanging out with his buddies after school. His problems began when Jerry and his friend, Ronald Lewis, made an obscene telephone call to their neighbor, Mrs. Cook. Mrs. Cook called the police, and on Monday, June 8, 1964, Ronald and Jerry were arrested. Unfortunately, at that time Jerry was still on probation from a prior incident where another boy stole a woman’s wallet. Because Jerry was in the other boy’s company at the time, he was also charged and placed on probation.
Why was Jerry on probation?
Because Jerry was in the other boy’s company at the time, he was also charged and placed on probation. Jerry’s parents were both at work, and no one from the sheriff’s office bothered to call them. The deputy simply hauled the boy off to the Children’s Detention Center.
What did the Supreme Court say about Gerald Gault?
The United States Supreme Court, with an eight to one majority, held that Gerald Gault had been denied due process of law under the U.S. Constitution. It held that minors, accused of crimes, must be given many of the same rights as adults. It reversed the decision of the Arizona Supreme Court and remanded the case back to the trial court for a new ruling that would comply with constitutional law.