Supreme Court Case: In Re Gault, 387 US

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CASE: In re Gault, 387 U.S. 1, 28 (1967) The right to counsel when facing the prospect of institutionalization was clearly articulated in the case of In re Gault (Elrod & Ryder, 2014). The decision, in this case, was the turning point for the rights of juvenile within the United States Courts (In re Gault, n.d.). This was the first time that the Supreme Court held that children facing delinquency prosecution had several of the same legal rights as adults within criminal courts (In re Gault, n.d.). Rights included the right to an attorney, the right to remain silent, the right to notification of charges, and the right to a full hearing on the merits of the case (In re Gault, n.d.). CASE HISTORY: On June 8, 1954, fifteen-year-old Gerald (“Jerry”) Gault was accused of making an obscene telephone call to a neighbor by the name of Mrs. Cook (Facts and Case Summary - In re Gault, n.d.). After the complaint was filed, Gault and friend, Ronald Lewis, were arrested and transported to the Children’s Detention Home. Gault was reportedly on probation when he was arrested due to having previously been in the company of another boy who had stolen a wallet from a purse (Facts and Case Summary - In re Gault, n.d.). When the two …show more content…

Cook was not present and no transcript or recording was otherwise made, and no persons were sworn in prior to testifying (Facts and Case Summary - In re Gault, n.d.). During this hearing, the judge questioned Gault and there are conflicting accounts regarding what, if anything, Gault admitted to (Facts and Case Summary - In re Gault, n.d.). Following that hearing, Gault was taken back to the Detention Home where he was detained for another two or three days prior to being released (Facts and Case Summary - In re Gault, n.d.). Once Gault was released from detention, his parents were notified that another hearing was scheduled for June 15, 1964 (Facts and Case Summary - In re Gault,

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