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Posted: August 24th, 2022
In re Gault 387 U.S. 1 (1967)
Case Brief
Case:
In re Gault 387 U.S. 1 (1967)
Rule:
The Fourteenth Amendment’s due process clause provides that the hearing must measure up to the essential of due process and fair treatment, which is also considered in juvenile court adjudication of delinquency.
Facts:
Gerald Gault (Appellant), who was 15 years old, was taken to custody following a complaint that he had made lewd telephone calls. The juvenile judge ordered Gerald to the State Industrial School as juvenile delinquency until reaching the majority. Gerald and his parents appealed the decision by bringing a habeas corpus action challenging the constitutionality of the Arizona Juvenile Code and the denial of procedural due process rights in Gerald’s case. The State Supreme established that the constitution’s due process was denied and that the Arizona Juvenile Code incorporates due process in delinquency proceedings.
Issue:
Were the Appellant and his parents denied due process rights considering the Appellant’s charge of being delinquent?
Answer:
Yes.
Conclusion:
The Court did not agree with the lower courts’ conclusion, which provided that Gerald and his parents had received due process. The Court reasoned that the delinquency petition, which was not served on Gerald and his parents, was only in general terms. The Court also determined that Gerald and his parents were not offered a notification concerning Gerald’s right to have a counsel representation. The Court also established that the Appellant had been denied the right of confrontation and the right to cross-examination required in a juvenile court hearing process. The right of confrontation was denied by not calling the complaining neighbor to testify as a witness. The right of cross-examination was denied when the confession made by Gerald was obtained in the absence of his parents, counsel, or providing him with the advice of the right to remain silent, indicating that the privilege against self-incrimination was not observed.
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