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In Re Gault Case Study

709 Words3 Pages

The Gault case is what helped changed the juvenile justice system to what it is today. Before juveniles didn’t have anybody representing them, including their parents. Juveniles did not have the same legal rights as adults. Often times juvenile judges didn’t know how to deal with juveniles, giving unfair rulings. Today juveniles have access to their own lawyers, and are given fair chances. Although even today there are down sides to the juvenile justice system. There are not set protocols on how to treat juveniles when they are taken in for interrogations, and making sure that they do not lie during interrogations. The Supreme Court approving the right for juveniles to have legal counsel during proceeding was because of Re Gault. “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.” (Adler, 2007) Before Re Gault juveniles didn’t get the same protection that adults got. Juveniles were not required to have any representation, wether it be a lawyer or a parent. Children were often mistreated and sentenced unfairly. “Children in the juvenile court were not entitled to legal …show more content…

Juveniles have the same rights that adults do. They are able to protect themselves from incriminating themselves. “In re Gault, which granted juveniles procedural rights such as formal hearings, legal counsel, and protection against self-incrimination.” (Friedman, 2010) In some states children are not allowed to be questioned with out a parent or guardian present with them. If they are questioned with out them, then what ever they said could be thrown out in court. “While some states have adopted rules rendering certain juvenile interrogations per se inadmissible if a parent or other interested adult is not present.” (Friedman,

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This case appears to shed light on a situation where many juveniles before Kent could have not been given the right protection of due process under the 5th and 14th amendment in the constitution. In re Gault (1967) Citation: Kent v. United States, 383 U. S. 541, 562 (1966) Procedural History: Gault was taken into custody on a compliant that he had made lewd telephone calls to his neighbor. He was taken into custody while his parents was at work and they was not notified and came home looking for him. Issue: Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment? Should juveniles have the same due process rights as adults?

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891 Words | 4 Pages

The court noted that if Gault had been 18 years of age at the time of his arrest, he would have been afforded the procedural safeguards available to adults. They went on to closely examine the juvenile court system, determining that while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency involving incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The United States Supreme Court ruled in favor of Gault by reversing and remanding his sentence from the lower courts (In re Gault,

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970 Words | 4 Pages

These laws let minors enter the adult court without giving the defendants a fair chance to fight back. This case has helped create a better, more constitutionally correct juvenile court system. Supreme Court cases have the ability to help shape our future, they can change our laws for the better or worse. Kent vs the United States helped create clearer laws for juveniles going through the court system. Yes, we gathered that his rights were indeed, violated.

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707 Words | 3 Pages

This case was made on the main issue of whether there was sufficient enough facts for the juvenile court to waive jurisdiction (Gardner). This case brought looks upon the parens patriae doctrine that states the court should be of protection for this person unable of self protection and intervene as demanded (Paulsen). This forced the Supreme Court to act upon these issues and unjusts. The Supreme Court then went into trialing of the case to determine a

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955 Words | 4 Pages

It is almost always evident that when these kids go through adult trials that they have no idea what’s taking place. Most people at these ages can't grasp onto adult responsibilities and legalities or they have't even heard of such things like parliamentary procedure. The director of the MacArthur Division Laurence Steinberg says that juveniles that are being tried as adults are not competent hold their own. “In all likelihood, a large number of juveniles who are being tried as adults are not competent to stand trial,” (Salant 3). On top of that, these kids aren’t allowed to speak to any form of relative during trial.

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863 Words | 4 Pages

It is shocking to know that before 1967 youths in the United States did not have the same rights as adults in court. Before the landmark case In Re Gault individuals underage were not promised the freedoms under the fourteenth amendment. The court system did not take juvenile delinquent cases as seriously. It was almost as if they brushed the delinquents under the rug and put them into a detention center the first chance they got. The Supreme Court came to the conclusion that in the case of In Re Gault the requirements for due process were not met.

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(Roper v. Simmons, 2005) As the justice of the Supreme Court, there needs to be an end to "totality of the circumstances" in some juvenile offender’s cases. If every juvenile offender's attorney claim age as a “reasonable grounds” to have their case overturned this will become a continuous problem throughout the United States. The Court has recognized that juveniles lack maturity in judgment, have an underdeveloped sense of responsibility, are vulnerable to adverse influences than adults, impulsive, reckless, risk-taking, and cannot extricate themselves from detrimental crime producing situations. (Elrod & Ryder, 2014)

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Roper v. Simmons is considered a landmark case and is one of a handful that shows a new direction in granting some relief from what has been established as harsh “adult” punishments for juveniles (Elrod & Ryder, 2014). In fact, many studies are showing that the differences between adults and juveniles are quite significant (Elrod & Ryder, 2014). The courts are realizing that these differences must be taking into account when dealing with juveniles in the criminal justice system (Elrod & Ryder, 2014). However, that being said, change does not occur overnight, and for the unforeseeable future, juveniles will still continue to be waived into adult courts (Elrod & Ryder, 2014).

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In an article about juvenile justice, it states, “Legislators have finally started to realize that treating juveniles just like adults does more harm than good,” says David DeMatteo, a professor of law at Drexel University in Philadelphia,” (“Juvenile Justice”). This supports Bryan’s claim of how juveniles were misunderstood in the past. This misunderstanding had caused most juveniles to end up in adult jails where they were mistreated and suffered from assault and abuse. Stevenson also stated that, “Many states had changed their laws to make it easier to prosecute children... Alabama had more juveniles sentenced to death per capita than any other state or any other country in the world,” (Stevenson, 93).

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The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.

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1878 Words | 8 Pages

Doing away with juvenile courts would “assure greater procedural regularity in the determination of guilt” and eliminate the immense amount of subjectivity involved (Feld). Although this may assist in assigning guilt among juvenile offenders in more serious crimes, it may be slightly extreme to try minors in criminal court for petty offences. Feld addresses the apparent problem of subjectivity and trying minors in criminal court would help diminish that bias, yet he only considers the application of more serious crimes that would have mandatory sentences of five years or more, not both the serious crimes and the approach to smaller-scale crimes. Although he remains somewhat blind to part of the overall argument, the information provided is well researched and knowledgeable. Feld himself is also highly

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568 Words | 3 Pages

In general the parent has a right to be notified when their child is being questioned. But it is not up to the parent to decide whether or not they are present during questioning. The juvenile is required to be told that they can have a parent there and that they have a right to an attorney, but it is up to them if they are present. If the juvenile then requests the parent and/or attorney, the questioning must be suspended until the parent or attorney is brought in. Exceptions to the exception would involve questioning the minor at their school.

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As of right now, April 2016, minors are not allowed to confer with trusted adults prior to making a statement or decision legally. The right to attorneys does extend to juvenile witnesses and suspects, the exact same right that adults possess. I believe the notion that juveniles are not allowed to talk to their parents, guardians, or other trusted adults before making a big decision that impacts far more people then themselves is abhorrent, and the rule should be nullified. As a rule of thumb, juveniles are very impressionable people.

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In today’s world there are countless crimes committed every single day. “In 2015, there were 1.42 million total arrests, at a rate of 3,641 arrests per 100,000 residents” (State of California, Department of Justice). Grown adults are not the only people being arrested every year, there are also juveniles, children, being arrested every day. One topic of controversy today is whether or not juveniles who commit these crimes should be tried as adults in criminal court. There are many differences between the justice system for adults and the justice system for juveniles.

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Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.

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