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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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678 Words | 3 Pages

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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Gerald Gault Court Case Summary

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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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