In Re Gault

In Re Gault in the United States

Gault, In Re 387 U.S. 1 (1967)

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled GAULT, IN RE 387 U.S. 1 (1967) In re Gault is the Supreme Court’s most important landmark concerning juveniles, both because of its specific requirements for delinquency proceedings and because of its unequivocal declaration of the broad principle that young persons, as individuals, have
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In Re Gault

Introduction to In Re Gault

In Re Gault, a United States Supreme Court decision in 1967 that established the right of minors to due process under the 14th Amendment. The parents of Gerald Gault, a 15-year-old sentenced to reform school by the Arizona juvenile court, filed for a writ of habeas corpus on the grounds that their son’s detention after only a summary hearing violated his rights. Lawyers for the Gaults argued that the boy had a right to counsel, notice of hearings, cross examination, and protection against self-incrimination. The Supreme Court found that the juvenile court was in violation of the 14th Amendment, setting a clear precedent that minors were to be guaranteed due process of law.” (1)

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Notes and References

Guide to In Re Gault

In re Gault in relation to Crime and Race

In re Gault is included in the Encyclopedia of Race and Crime (1), beginning with: In re Gault (1967) is considered one of the most important cases in juvenile justice in the United States. Gault overturned procedures formalized during the 20th century that many considered paternalistic. Although the impact of Gault on racial discrimination in juvenile justice is unclear, it signaled a trend toward procedural safeguards similar to those available in the adult criminal justice system. All youth were at risk of being deprived of due process in juvenile justice proceedings prior to Gault , but minority youth had been especially victimized by the failure of states to extend the protections of the Bill of Rights to juveniles. The U.S. Supreme Court’s decision in Gault established a number of due process rights for juveniles in delinquency proceedings, including the right to timely notice of charges, the right to counsel, and the right to confront an accuser, as well as protection against self-incrimination. Gerald F.

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Notes and References

  1. Entry about In re Gault in the Encyclopedia of Race and Crime

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