Isabella Carter
In 1964, 15-year-old Gerald Gault was taken into custody in Arizona for allegedly making lewd telephone calls. He was subsequently ordered to be confined at the State Industrial School until he reached the age of 21. Gault's parents were not notified of the charges against their son, nor were they given notice of hearings. They were also not informed of their right to counsel, and no records of the proceedings were maintained. The Gaults petitioned the Arizona Supreme Court for a writ of habeas corpus, challenging the constitutionality of the Arizona Juvenile Code and the procedure used in their son's case, on the grounds of a denial of due process. The case, In re Gault, reached the U.S. Supreme Court, which held that the Due Process Clause of the Fourteenth Amendment applies to juvenile defendants, affording them the same rights as adults, including the right to timely notification of charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.
| Characteristics | Values |
|---|---|
| Year | 1967 |
| Landmark Decision | Held that the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as adult defendants |
| Rights Afforded to Juveniles | Right to timely notification of charges, right to confront witnesses, right against self-incrimination, and right to counsel |
| Arizona Juvenile Code | Unconstitutional due to lack of notification of charges, hearings, and right to appeal |
| Juvenile Court Actions | Denial of due process due to lack of notification, failure to inform of rights, admission of unsworn testimony, and lack of records |
| Juvenile Court System | Separate legal system for minors with fewer legal protections and focus on rehabilitation |
| Procedural Due Process | Requirement for written notification of specific charges or allegations, right to counsel, and protection against self-incrimination |
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What You'll Learn
Juveniles' right to due process
In the mid-1960s, there were two distinct legal systems in the United States: one for minors and one for adults. As a juvenile, Gerald Gault was not afforded significant legal protection and was subject to the whims of the presiding judge. Legal formalities such as the use of rules of evidence and the presence of an attorney were deemed unnecessary.
In 1964, the sheriff of Gila County, Arizona, took 15-year-old Gerald Gault into custody without notifying his parents, following a complaint of an offensive telephone call. After locating her son in the county jail, Gault's mother was not permitted to take him home.
At the hearing, Judge Robert McGhee of the Gila County Superior Court, acting as a juvenile court judge, found Gault to be a "delinquent child" and ordered him confined at the State Industrial School until he reached the age of 21. The charge was "Lewd Phone Calls."
Gault's parents were not provided with adequate notice of the terms and purposes of the proceedings, nor were they advised of their right to legal representation. No record of the proceedings was maintained, and the accuser was not present at either hearing.
Gault's parents petitioned the Arizona Supreme Court for a writ of habeas corpus to obtain their son's release, challenging the constitutionality of the Arizona Juvenile Code and the procedure used in Gault's case, on the grounds of a denial of procedural due process rights. The Supreme Court of Arizona affirmed the dismissal of the petition, acknowledging the requirement of due process in juvenile court proceedings.
The case, In re Gault, reached the U.S. Supreme Court, which held that the Due Process Clause of the Fourteenth Amendment applies to juvenile defendants, affording them the same due process rights as adults, including the right to timely notification of charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.
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Juveniles' right to counsel
In the mid-1960s, there were two distinct legal systems in the United States: one for minors and one for adults. The case of In re Gault, 387 U.S. 1 (1967) changed this by holding that the Due Process Clause of the 14th Amendment applies to juvenile defendants, affording them many of the same due process rights as adults.
The case centred around 15-year-old Gerald Gault, who was taken into custody for allegedly making lewd telephone calls. Gault's parents were not notified of the charges against him or of the hearings, and they were not advised of their right to an attorney. The Gaults appealed to the state Supreme Court, arguing that the Arizona Juvenile Code was unconstitutional and that their son had been denied due process. The Supreme Court of Arizona found that the parents of Gerald Gault "knew of their right to counsel". However, the lower court's failure to inform the family of this right was cited as a reason for the dismissal of the habeas petition.
The US Supreme Court decision in In re Gault set a precedent for juveniles' right to counsel, holding that the assistance of counsel is essential for purposes of determining juvenile delinquency. This right to counsel is now recognised as one of the basic due process rights that juveniles are afforded, along with the right to timely notification of charges, the right to confront witnesses, and the right against self-incrimination.
The ruling in In re Gault had a significant impact on the US legal system, ensuring that juveniles accused of crimes are provided with greater legal protection and procedural regularity.
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Juveniles' right to confront accusers
In the mid-1960s, there were two different legal systems in the United States: one for minors and one for adults. The case of In re Gault, 387 U.S. 1 (1967) changed this by holding that the Due Process Clause of the Fourteenth Amendment applies to juvenile defendants, as well as adult defendants.
The Due Process Clause guarantees juveniles accused of crimes in delinquency proceedings many of the same rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.
In the case of In re Gault, 15-year-old Gerald Gault was taken into custody without his parents being notified after a neighbour complained about receiving an offensive phone call. Gault's mother was not permitted to take him home after locating him at the county jail. The sheriff who took Gault into custody claimed that he used "'lewd language'" and was "habitually involved in immoral matters".
Gault's accuser, Cook, was not present at either hearing, and no transcript of the proceedings was made. This meant that those present later disagreed about what had occurred. The lack of notification of the charges against Gault and the hearings, as well as the court's failure to inform the Gaults of their right to confront the accuser, were cited as reasons for the denial of due process.
The Supreme Court of Arizona found that the parents of Gerald Gault knew of their right to confront the witnesses against their son. However, the Arizona Juvenile Code was found to be unconstitutional because it did not require that the accused or their parents be notified of the specific charges, did not require that parents be given notice of hearings, and allowed no appeal.
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Juveniles' right to timely notification of charges
In the mid-1960s, there were two distinct legal systems in the United States: one for minors and one for adults. The case of In re Gault, 387 U.S. 1 (1967) changed this by providing basic due process rights to juveniles.
Gerald Gault, a 15-year-old boy, was taken into custody without his parents being notified. He was accused of making lewd telephone calls and was ordered to be confined at the State Industrial School until he reached the age of 21.
The constitutional issue involved in this case was the denial of procedural due process rights to juveniles. The Arizona Juvenile Code was challenged on the grounds that it did not require notification of the specific charges or hearings to the accused or their parents and did not allow for any appeal. The Gaults appealed to the state Supreme Court, arguing that the Juvenile Court's actions constituted a denial of due process.
The U.S. Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies to juvenile defendants, guaranteeing them the right to timely notification of the charges against them. The Court decided that juveniles accused of crimes must be afforded the same due process rights as adults, including the right to confront witnesses, the right against self-incrimination, and the right to counsel.
The Court's decision in In re Gault ensured that juveniles have the right to be informed of the specific charges or factual allegations against them in a timely manner and in writing. This notification must be given "at the earliest practicable time" and sufficiently in advance of any hearings to allow for preparation. This right to timely notification of charges is a crucial aspect of ensuring that juveniles and their parents or guardians are able to understand and effectively address the allegations made against them.
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Juveniles' right against self-incrimination
In the United States, the mid-1960s saw the existence of two different legal systems: one for minors and one for adults. Juvenile court judges were expected to act in loco parentis, focusing on the rehabilitation and treatment of minors rather than punishment. As such, legal formalities were often deemed unnecessary, and juveniles were afforded little to no legal protection.
The case of In re Gault, 387 U.S. 1 (1967) marked a turning point in this regard. It was ruled that juveniles accused of crimes in delinquency proceedings must be granted many of the same due process rights as adults. This included the right to timely notification of the charges, the right to confront witnesses, the right to counsel, and the right against self-incrimination.
The case centred around 15-year-old Gerald Gault, who was taken into custody by the sheriff of Gila County, Arizona, without his parents being notified. A neighbour, Ora Cook, had complained about receiving an inappropriate and offensive telephone call from Gault. Despite his mother locating him at the county jail, she was not permitted to take him home.
At the hearing, Judge Robert McGhee of the Gila County Superior Court, acting as a juvenile court judge, found Gault to be a "delinquent child" and ordered him confined at the State Industrial School until he reached the age of 21. Notably, the charge listed in the report was "Lewd Phone Calls", and the accuser, Cook, was not present at either hearing.
Gault's parents petitioned the Arizona Supreme Court for a writ of habeas corpus, challenging the constitutionality of the Arizona Juvenile Code and the procedures followed in their son's case. They argued that their son and their family's rights had been violated, including the right to be notified of the charges and hearings, the right to counsel, the right to confront the accuser, and the right to remain silent.
The Arizona Supreme Court initially affirmed the dismissal of the petition, but the case eventually reached the U.S. Supreme Court, which held that the Due Process Clause of the Fourteenth Amendment applied to both juvenile and adult defendants. This decision ensured that juveniles like Gault were guaranteed the right against self-incrimination, a fundamental aspect of a fair and just legal system.
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Frequently asked questions
In re Gault, 387 U.S. 1 (1967) was a landmark U.S. Supreme Court decision that granted juveniles the same constitutional rights as adults in delinquency proceedings.
Gerald Gault, 15, was taken into custody by the sheriff of Gila County, Arizona, without his parents being notified, after a neighbour complained about receiving an offensive phone call. A juvenile court judge ordered him confined at the State Industrial School until he reached the age of 21.
The Arizona Juvenile Code was deemed unconstitutional because it did not require that the accused or their parents be notified of the charges, did not require that the parents be notified of hearings, and allowed no appeal.
The U.S. Supreme Court ruled that the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as adult defendants. Juveniles accused of crimes in delinquency proceedings must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel.
The ruling provided basic due process rights to juveniles, who previously had no significant legal protection and were subject to the whim of the presiding judge.
