JUVENILE RIGHTS LESSON SUMMARY
Juvenile Rights – Constitution in the Classroom Lesson
Summary
Background on the Constitution
The Constitution is the central organizing document of our nation. It sets up the
structure of the federal government, creating three branches: the legislature, the
judiciary and the executive. This separation of powers creates a system of checks
and balances. The Constitution also grants limited power to the federal
government and reserves other powers to the States and citizens. The Supreme
Court of the United States is the final decision-maker on the interpretation of the
Constitution.
The Bill of Rights consists of the first ten Amendments of the Constitution, and
includes many of our fundamental guarantees of individual liberty, including the
freedom of speech, freedom of religion, right to a jury, right to a lawyer and the
right to be free from unreasonable searches and seizures. Today we will discuss
the rights granted to the accused, including the right to a lawyer and the right not
to incriminate oneself.
The Text of the Fifth Amendment and Related Questions
The Fifth Amendment specifically states that, “No person…shall be compelled, in
any criminal case, to be a witness against himself.”
We are entitled to remain silent and not incriminate ourselves.  What does this
mean? This means the accused does not have to answer the government’s
questions in a criminal case. Why does our legal system protect the right to
remain silent? Does some accused of murder have the right to remain silent? If
you know you did something wrong, do you think you should have the right to
remain silent?
The Text of the Sixth Amendment and Related Questions
The Sixth Amendment specifically states that, “In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial, …and [shall enjoy the
right] to be informed of the nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for his defense.”
We are entitled “to a speedy and public trial.”  What does this mean? This
means that trials must be held within a reasonable amount of time after the
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JUVENILE RIGHTS LESSON SUMMARY
accusation and cannot be held in secret. Why is it important to have a speedy
trial? Why is it important to have a public trial?
We are entitled to notice “of the nature and cause” of the charge.  What does
this mean? This means we must be told about what we are being accused of
before trial. Why is it important to receive notice of the charges against you?
We are entitled to confront the witnesses against us.  What does this mean?
This means the government is required to present the witnesses who have
accused us of a crime and allow us to ask them questions. If the judge has
evidence of the crime, does the accused still have the right to confront witnesses?
Why is it important to question witnesses?
We are entitled to “compulsory process.”  What does this mean? This means we
are allowed to call witnesses for our defense at trial. Why is this right important?
How can a witness for the defense change the outcome of a hearing?
We are entitled to “the assistance of counsel.”  What does this mean? This
means we are provided a free lawyer to help defend our case. What does a lawyer
provide that the accused can not do on their own? What happens if the accused
cannot afford a lawyer?
In Re Gault
Excerpt from Youth Justice in America (CQ Press 2005)
Gerald Gault was fifteen years old when he found himself in the
midst of what became one of the most important legal cases of the 20th
Century.i Gerald and a friend were arrested after a female neighbor
complained to police about an obscene phone call. Gerald and his friend
were suspected of the call. Police took Gerald into custody without telling
his parents or informing any family member. He spent the night in the
juvenile detention hall. The next day, Gerald appeared before a juvenile
judge. He was not represented by a lawyer. At the hearing, no witnesses
appeared to testify against Gerald. The state did not provide any notice of
the facts about why Gerald was arrested. No record was kept of the
testimony. The judge asked Gerald some questions about the phone call.
Gerald was never informed of his right to counsel, his right against selfincrimination, or any other rights. Based on Gerald’s answers, the judge
ordered a second hearing a week later. Gerald was sent to juvenile hall. At
the second hearing, again the female neighbor did not appear. Despite
conflicting evidence about Gerald’s role in the phone call, he was found
guilty (“delinquent”) and sent to the state juvenile reformatory for six
years, until he turned twenty-one.
Gerald challenged the constitutionality of these proceedings before
the Supreme Court. The Supreme Court agreed that what happened to
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JUVENILE RIGHTS LESSON SUMMARY
Gerald was “fundamentally unfair.” The Court held that certain protections
needed to be in place in juvenile delinquency hearings. The Court ruled
that at a minimum, juveniles are entitled to assistance of counsel, notice of
the charges against them, the right to confront witnesses against them,
and the protection against self-incrimination.
Questions: What do you think about this case? Do you think the trial judge
in Gault was fair in sentencing Gerald to six years in juvenile detention? Do
you think the outcome for Gerald Gault would have been different had he
been provided with a lawyer? Why? What would a lawyer have done during
the hearing that Gerald was not able to do? What does the court mean by
the term “due process”? Why are procedural protections important? What
does it mean to have notice of a hearing? Why is it important? What is selfincrimination? Do you think the accused should have the right to remain
silent? Why or why not?
i
Juvenile Court Procedures, 81 HVLR 171 (1967)
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