In February 1964, Gerald "Jerry" Gault was ordered to serve six months' probation for being with a boy who stole a wallet. The defendant was fifteen year old Gerald Gault. Jerry was to remain incarcerated until he turned 21. If he could not afford a lawyer, one must be appointed to represent him. A male? Justice Abe Fortas authored the majority opinion, stating that Gault's alleged behavior could have resulted in a significant curtailment of his liberty by confining him for the remainder of his juvenile life. Decades later she discussed her ordeal and its impact on her approach to Gault. But much of the future will depend on funding. On June 8, 1964, Gault and a friend Ronald Lewis made a lewd call to Gault . This quiz will test you on various aspects of In Re Gault, including the following. 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 . Gault's mother therefore asked that the court arrange for Mrs. Cook to be present at Gault's next hearing. Ms. BAILLARGEON: Did you see your parents before you were taken before the judge? Which of the following statements about the Gault case is NOT true? 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. I'm Debbie Elliott. ADLER: Judge Bell says there was a culture of failure in the court. That passion, according to interviews with legal scholars and a review of records and archival files at the National Archives and at Georgetown Universitys Law Center, started a chain of events that changed juvenile justice forever. Gerald (Jerry) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. Read more, Copyright 2023, Juvenile Justice Information Exchange. Dorsen told the court at oral arguments that Gault was still in the youth detention center when the case came before the high court. Today, minors are still judged in a separate system, but they now have rights. 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. Today, the right to counsel is assured under the law. On June 9, 1964, the probation officer filed a petition that charged Gault with making lewd phone calls. mad prank call and was sentenced to 7 years in juvenile detention without due process When did this case occur? Supporters of this approach included Justice Potter Stewart, the Supreme Courts lone dissenter in an 8-1 decision. He also tells police that Richie has a habit of walking fast and that he will be carrying illegal drugs in a brown leather bag. In its opinion, the Court unanimously overruled Betts v. Brady. The Court noted that, had Gault been 18 at the time of his arrest, he would have been afforded the procedural safeguards available to adults. Gault Case Changed Juvenile Law. There are conflicting reports on what was said at the hearing. - Definition, Statistics & History Quiz, What Is Probation? Lower Courts: The proceedings against Gault were conducted by a judge of the Superior Court of Arizona who was designated by his colleagues to serve as a juvenile court judge.Lower Court Ruling: The juvenile court judge committed Gault to juvenile detention until he attained the age of 21. Given the unique nature of juvenile justice hearings, which, the Court said, are neither criminal nor civil, juries are not essential to that mission. They applied the parens patriae doctrine. Although the arresting officer had filed a petition with the court listing the charges, neither Jerry nor his parents were allowed to see it. Quiz & Worksheet - In Re Gault Case Overview, In Re Gault Case of 1967: Summary & Decision, Intro to Criminal Justice: Help and Review Course Practice, History & Evolution of the Juvenile Justice System Quiz, The Juvenile Court System: History & Structure Quiz, Major U.S. Supreme Court Decisions Impacting the Juvenile Justice System Quiz, Comparison of the Juvenile & Adult Systems of Justice Quiz, Types & Benefits of Juvenile Correction Alternatives Quiz, Breed v. Jones Case of 1975: Summary Quiz, In Re Gault Case of 1967: Summary & Decision Quiz, Adolescence in Law: Definition & History Quiz, Graham v. Florida: Summary & Decision Quiz, Juvenile: Definition, Law & Crime Statistics Quiz, Parens Patriae in Juvenile Justice: Definition & Doctrine Quiz, School Violence Prevention: Programs & Strategies Quiz, School Violence: Definition, History, Causes & Effects Quiz, In-School Suspension: Procedures & Statistics Quiz, What Is a Guardian ad Litem? His parents were not present in court or even notified about the charges before he made the confession, according to Supreme Court records, Arizona court files and a. shows the issues it raised werent new. He was questioned without a parent or responsible adult present; he was not provided with a lawyer; and he was not given notice of the charges or a chance to cross examine his accuser. Gaults team had timing on its side, fortunate to be in front of the liberal court of Chief Justice Earl Warren, who had pushed aggressively to expand due process rights at all levels of the court system, Tanenhaus said in a recent interview. Not only was Mrs. Cook not present, but no transcript or recording was made, and no one was sworn in prior to testifying. Jerry admitted he dialed the phone but denied making obscene comments. Built with the Largo WordPress Theme from the Institute for Nonprofit News. If everyone who reads our reporting helps to pay for it, our future would be much more secure. That changed after an Arizona boy was arrested for making an obscene phone call to his neighbor. 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 court threw out the confession for several reasons. Professor Dorsen changed that. likely to become violent in juvenile detention centers, B The justice system has failed juveniles, but there are ongoing attempts to improve the system, C Jerry Gault is slightly bitter about the way the court system treated him, but he believes the current system is fair, OD Legal professionals have developed a completely fair But after Hurricane Katrina, the community came together to rebuild the system that had essentially been washed away. Ms. BAILLARGEON: Were any witnesses brought before the court? The Center publishes multiple projects including Youth Today, JJIE, Fresh Take Georgia and Bokeh Focus. Both his parents worked, and Jerry spent his time hanging out with his buddies after school. Since states are not seeking to punish the youth, but to rehabilitate him, constitutional protections and due process not only werent necessary, but were a harmful distraction in the pursuit of helping children, Stewart wrote in his dissent. Mr. GERRY GAULT (Former Juvenile Delinquent): No, no. Youth involved with the courts are processed in a separate judicial system formalized in the late 19th century, which until 1967, lacked many of the due process rights accorded adults, including the right to counsel. But more than 50 years later, legal experts say the goal of the ruling has failed. A Bankruptcy or Magistrate Judge? Psychology. Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site. They don't get to waive their right to a lawyer. Fortas was particularly critical of what he called misguided attempts by juvenile court judges to replace constitutional legal rights with their own opinions as to what was best for a youth. And if you did, would it have been better of you have been confined? Our news judgments are made independently not based on or influenced by donors. Perhaps the most significant of these was the right to counsel. However, in Gault, the U.S. Supreme Court did not grant all of the constitutional protections available to adult criminal defendants to juveniles who pass through juvenile court. 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. Juvenile waiver of counsel, resulting in self-representation of a youth in court, can occur without consideration of the youth's developmental, physical, and mental health, or intellectual ability. His parents were not present in court or even notified about the charges before he made the confession, according to Supreme Court records, Arizona court files and a legal brief filed on Gaults behalf. Copyright 2023 by The American Academy of Psychiatry and the Law. Office of Juvenile Justice and Delinquency Prevention Administrator Robert L. Listenbee talks about the importance of strong juvenile defense on May 16, 2016. An event in Gila County, Arizona, led to sweeping changes in the due process rights accorded youth in juvenile court, including their right to counsel. The Court ruled that, similar to the constitutionally protected due process rights accorded to adults, Gault was entitled to: timely and specific notice of charges for the youth and his parent/guardian; notification of the youth and his parent/guardian of the right to assistance of legal counsel; protection of the youth's privilege against self-incrimination; the opportunity to confront and cross-examine accusers; and. Prof. DORSEN: The right to a lawyer, the key, (unintelligible) self-incrimination, written notice of charges - without that, you don't even know what you're defending against - and the right to witnesses and cross-examine the witnesses against you. When they see a man who fits the description-carrying a brown leather bag and walking fast-they arrest him. Some juvenile court judges have circumvented youth's right to counsel by permitting juveniles to waive that right. Mrs. Cook was again not present for the June 15th hearing, despite Mrs. Gaults request that she be there so she could see which boy that done the talking, the dirty talking over the phone. Again, no record was made and there were conflicting accounts regarding any admissions by Gault. The arresting officer left no notice for them and did not make an effort to inform them of their sons arrest. List one effect in Gault's culture that would not have changed if he not agreed to the interviews. ADLER: In 1967, the Supreme Court ruled that the constitution required at the least. Mrs. Cook called the police, and on Monday, June 8, 1964, Ronald and Jerry were arrested. They did not get access to the petition until two months after the hearing. The Gault decision introduced aspects of criminal trial procedure into juvenile court proceedings. As part of the Kennesaw State University community we are committed to creating a culture of inclusion through our journalism and operations. 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