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. Today, the right to counsel is assured under the law. If an adult had made a prank phone call, the sentence would've only been 60 days in comparison to Gerry Gault's sentencing, there was no due process, there was no lawyer appointed to Gerry Gault, Gerry Gault made a lewd phone call, which was very bad, Laws impact on Citizenship: Juvenile Courts, Magruder's American Government, California Edition, Economics New Ways of Thinking, Applying the Principles, Workbook, Week 8: Specific Groups & Categories - Americ, Compute second-year (2017) depreciation expense on the plane using the following methods: In some juvenile courts in Maryland, Louisiana, Florida, Ohio, and Kentucky, more than half of youth waived their right to counsel, and these waivers were accepted by the court.8 A youth can waive counsel without understanding that the right, if voluntarily waived, can impede the youth's defense and result in a more severe outcome. Despite these stories, there have been some serious reforms. Do you think the police had probable cause to arrest Richie? An adult offender convicted of the same charge would have received a maximum sentence of two months in jail and a $50 fine. These proceedings are expected to determine a course of action in regard to the youth's offense that is in the youth's best interests. For this reason, Justice Fortas stated, neither the Fourteenth Amendment nor the Bill of Rights is for adults alone (Ref. , and easily handled and processed large batches of material in the weeks leading up to the hearing. Psychology. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-re-gault, https://supreme.justia.com/cases/federal/us/387/1/, https://www.lexisnexis.com/community/casebrief/p/casebrief-in-re-gault, https://onlinelibrary.wiley.com/doi/full/10.1002/9781118524275.ejdj0008, Arizona Bar Foundation4201 N. 24th Street, Phoenix, AZ 85016. Witnesses were not sworn in prior to testifying, and the proceedings were not transcribed or otherwise recorded. Some believed kids in trouble were bad seeds and strict discipline was the best way to handle juvenile delinquency. And at its center, in an era when men dominated the legal world, were a tenacious woman attorney in Arizona and a brilliant female Holocaust survivor in New York City who shaped the case with grit, empathy and sweat, bringing some of the top legal East Coast minds into the journey. Gault did not get a fair trial nor did he get a lawyer. The Arizona Superior Court did not retry the case or close the file. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. The judge claimed Jerry admitted making the lewd remarks; the Gaults deny Jerry made those admissions. Jerry denies that. Gerald Gault age 15 already on probation for stealing and his friend Ronald Lewis was taken in to custody on June 8,1964, after Allegedly making a . Juvenile Court history has again demonstrated that unbridled discretion, however benevolently motivated, is frequently a poor substitute for principle and procedure.. b. Units-of-production But as NPR's Margot Adler reports, the quality of juvenile justice can often depend on geography. NPR transcripts are created on a rush deadline by an NPR contractor. For the first time since its creation, the juvenile court system was required to involve juvenile defense attorneys in the adjudication process. She was so sure of her ability to win the case that, in a telling detail of the times, she wrote to the Clerk of the U.S. Supreme Court asking if it was proper for a woman to wear a hat during oral arguments, according to Cahill and archives. In addition, In re Gault did not address a right to legal representation for youth during juvenile court dispositional hearings. Jerry was to remain incarcerated until he turned 21. At the time of the arrest related to the phone call, Gaults parents were at work. This quiz will test you on various aspects of In Re Gault, including the following The term used for challenging the governmental detention of an individual Rights established by the Gault. 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 constitutional protections accorded to juveniles in court do not preclude the juvenile court system from serving as a vehicle for offender rehabilitation. Conflict regarding whether Gault had admitted to making the phone calls persisted. Juvenile Court Judge McGhee held an informal hearing in chambers. Fortas took into account the damage that takes place when you incarcerate children, and at the long-term effects on a child.. It was only then, she learned from the Lewis family of Jerrys arrest. This arguably is the most significant aspect of the Gault decision. Use the key terms to complete the following sentences: _____________ are loans that are based on personal creditworthiness (that have no collateral). We do not capture any email address. Under the Arizona statute, the probation officer was the one to represent the interests of the child. The intent of this nonadversarial system was therapeutic and rehabilitative: juveniles were to be provided with environments and services that would promote prosocial behavior, separate them from adult offenders, and prevent future criminal behavior. His family sought the assistance of Arizona American Civil Liberties Union (ACLU) attorney Amelia Dietrich Lewis, who agreed to represent him. There are cases going back to the 1800s saying the same thing. by Margot Adler. In addition, as noted above, budgetary restrictions for defense attorney training and compensation have presented a barrier to access for indigent juveniles who need competent legal representation. This is ALL THINGS CONSIDERED from NPR News. We are committed to transparency in every aspect of funding our organization. She brought her perspective as a survivor, and she was the only one who could talk about the role and conditions of imprisonment have on children. The Gaults next sought relief in the Supreme Court of the United States. Dorsen believed that after the Supreme Court ruled that the Constitution required certain legalities to take place for juveniles that the system would obey. That didnt happen. The quiz and worksheet allow students to practice the following skills: To learn more about 'Gault,' review the accompanying lesson entitled In Re Gault Case of 1967: Summary & Decision. Our news judgments are made independently not based on or influenced by donors. In fact, courts around the country were wrestling with the question of whether the best approach to doing what was best for the child gave states the right to ignore due process. Download; Embed. juveniles have a right to have notice of the charges against them, juveniles have a right to confront and cross-examine witnesses against them, juveniles have the right against self-incrimination. . She was instrumental in compiling information needed for the teams Supreme Court brief, and easily handled and processed large batches of material in the weeks leading up to the hearing. When Mrs. Gault came home that evening, she was surprised that Jerry was not at home. He argued as did the attorneys for Arizona in its legal briefs that states play a paternal role when children go to court. Jerry was not allowed to have a lawyer or one of his parents present during questioning. For example, they have due process rights, like the right to have a lawyer, when they are being questioned by the police, and when they are on trial . And if you did, would it have been better of you have been confined? The child's parents were not notified when the child was brought into custody. 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. A male? At that time, he was pursuing an education certificate.17 On August 6, 2014, the Honorable Judge Peter J. Cahill of the Arizona Superior Court in Gila County vacated Mr. Gault's June 15, 1964 delinquency adjudication.1 Although justice for Gault was delayed by half a century, resulting in significant emotional challenges that demeaned him and derailed his aspirations, it ultimately was not denied. NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. The woman is his attorney, Amelia Lewis. Gerald ("Jerry") Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. Although far reaching in their impact, these constitutional protections were not afforded to juveniles. In Re: Gault The legal significance of the case of Gerald Gault was the process of due processing, and the violations/ discriminations made in the juvenile court system. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children's Detention Home. Air Asia expects the plane to be flown 1,200,000 miles the first year and 1,400,000 miles the second year. Jerry Gault One who was accused of a crime that no one could attest Justice The legal system a country uses in order to deal with people who break the law. Gault worked several jobs, got married, became a father, had a grandchild, and retired from the Army after serving 23 years.17. He was arrested and later sentenced to 6 years in confinement. 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. Given the unique nature of juvenile justice hearings, which, the Court said, are neither criminal nor civil, juries are not essential to that mission. 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 Fourteenth Amendment. Gaults case became a national issue in large part because of his lengthy sentence at the Arizona Industrial School For Boys and what Cahill called a pissed-off father who wanted his son home with his two working parents in their Arizona trailer. Accuracy and availability may vary. 1.1k plays . 13-337, would have had a maximum prison sentence of two months and a fine ranging from $5-$5O. A Bankruptcy or Magistrate Judge? All other trademarks and copyrights are the property of their respective owners. However, neither Gault nor his parents were However, Jerrys probation officer was also the Superintendent of the detention home where Jerry was confined. Gault's problems did not end when the U.S. Supreme Court decided the case. He says his court was once described in The New York Times as the worst juvenile court in the nation. In addition, the Supreme Court did not address how the mandated changes in juvenile court procedure would be budgeted and funded. 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