Forty years ago this week, the U.S. Supreme Court handed down a landmark decision known as In Re Gault. It established
the constitutional right to legal counsel for children facing delinquency proceedings
.
What was established in the landmark case In re Gault?
In Re Gault was a landmark decision issued by the United States Supreme Court that ultimately established that under the Fourteenth Amendment to the United States Constitution,
a juvenile involved in a delinquency hearing must be afforded similar due process rights as is afforded to an adult
.
What did In re Gault established?
In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision which
held the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as to adult defendants
.
What was the impact of the case In re Gault?
It was the first time that the Supreme Court held that
children facing delinquency prosecution have many of the same legal rights as adults in criminal court
, 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.
What was the significance of In re Gault?
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.
Why was Gault on probation?
Gault was on
probation when he was arrested
, after being in the company of another boy who had stolen a wallet from a woman’s purse. … The arresting officer filed a petition with the court on the same day of Gault’s initial court hearing. The petition was not served on Gault or his parents.
Why is In re Gault 1967 considered to be a landmark case?
Gault Case
Changed Juvenile Law
In 1967 a landmark U.S. Supreme Court decision gave juveniles accused of crimes the same due process rights as adults. The case involved Jerry Gault, who at 14 was given a seven-year sentence for a prank phone call.
What was the result of the Gault decision quizlet?
The Supreme Court determined Gault was
denied due process and overturned his sentence for allegedly making an obscene phone call
.
Who won Kent v United States?
5–4 decision for
Kent
In a 5-4 decision, Justice Abe Fortas wrote for the majority. The Supreme Court determined there was not a sufficient investigation prior to the juvenile court waiver of jurisdiction. Kent did not receive a hearing, access to counsel, or access to his record prior to the waiver.
What was the final outcome of the Miranda decision?
The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that
the prosecution could not introduce Miranda’s confession as evidence in a criminal trial because
the police had failed to first inform Miranda of his right to an attorney and against self-incrimination.
What did Gault say in the phone call?
In Arizona, in 1964, Gerald Francis Gault, age 15, and Ronald Lewis made an obscene phone call to a neighbor, Mrs. Cook. The obscene phone call included the following statements: “
Do you give any?” “Do you have big bombers?
” and “Are your cherries ripe today?” Incensed, Mrs.
Why is the In re Gault case significant in juvenile justice proceedings quizlet?
Why is the In re Gault case significant in juvenile justice proceedings?
It established due process for juvenile defendants.
How did Gideon v Wainwright 1963 impact society?
Gideon v. Wainwright made an enormous contribution to the so-called “due process revolution” going on in the Court led by Chief Justice Warren. Because of the ruling in this case,
all indigent felony defendants–
like many others charged with misdemeanors–have a right to court-appointed attorneys.
Which of the following is most likely to be considered a status offender?
A status offense is a noncriminal act that is considered a law violation only because of a youth’s status as a minor. 1 Typical status offenses include
truancy, running away from home, violating curfew, underage use of alcohol, and general ungovernability
.
Which right is generally granted only to juveniles?
The United States Supreme Court has held that in juvenile commitment proceedings, juvenile courts must afford to juveniles basic constitutional protections, such as advance notice of the charges,
the right to counsel
, the right to confront and cross-examine adverse witnesses, and the right to remain silent.
