In Re Gault
“Neither the Fourteenth Amendment nor the Bill of Rights is for adults alone”
In Regards to Gault
0 Argued Tuesday, December 6, 1966
0 Decided Monday, May 5, 1967
"Facts and Case Summary: In Re Gault." USCOURTS.GOV. United States
Court, n.d. Web. 28 Oct. 2013.
Summary
0 Gerald Gault (15) was arrested for making an obscene phone call
0 No notice given to parents
0 Sent to reform school until he was 21
"Facts and Case Summary: In Re Gault." USCOURTS.GOV. United States
Court, n.d. Web. 28 Oct. 2013.
Public Policy
0 Juveniles over 14 tried as adults
0 Juveniles did not receive Due Process
Friedman, Benjamin E. "Protecting Truth: An Argument for Juvenile Rights and a Return to In Re Gault." UCLA Law Review. UCLA Law
Review, n.d. Web. 28 Oct. 2013.
Arguments of Plaintiff
0 Gault represented by Mr. Norman Dorsen
0 Arizona Juvenile Court was unconstitutional
0 Gault was denied procedural rights
IN RE GAULT. The Oyez Project at IIT Chicago-Kent College of Law. 22 October
2013. <http://www.oyez.org/cases/1960-1969/1966/1966_116>.
Argument of Defendant
0 Arizona defended by Mr. Frank A. Parks
0 Juvenile be treated like an adult
0 Opportunity to avoid self incrimination would interfere with investigation
IN RE GAULT. The Oyez Project at IIT Chicago-Kent College of Law. 22 October
2013. <http://www.oyez.org/cases/1960-1969/1966/1966_116>.
Third Party Amicus Curiae Briefs
0 American Parents Committee four Gault
0 Merritt W. Green for the Ohio
Association of Juvenile Court Judges
0 Urged affirmance
IN RE GAULT. The Oyez Project at IIT Chicago-Kent College of Law. 22 October
2013. <http://www.oyez.org/cases/1960-1969/1966/1966_116>.
Supreme Court Ruling
0 8 to 1 in favor of Gault
0 Case violated 14 th Amendment
0 Court failed to meet child’s best interest
0 Precedent- Granted juveniles procedural rights
"Facts and Case Summary: In Re Gault." USCOURTS.GOV. United States Court, n.d. Web.
28 Oct. 2013.
Dissenting Opinion
0 Mr. Justice Stewart
0 Juvenile proceedings are not criminal trials
0 Juvenile court and criminal court have opposite missions http://www.csustan.edu/cj/jjustice/CaseFiles/In-re-Gault.pdf
Long Term Effects
0 Every juvenile case afterwards was changed
0 Juveniles must be given Due Process
Patton, William W. "HISTORY OF JUVENILE COURTS." StateUniversity.com.
State University, n.d. Web. 28 Oct. 2013.
