In Re Gault Case Summary

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In Re Gault was a ground-breaking decision and established how the courts handled cases against juveniles. Prior to the historical 1967 case of In re Gault, juveniles were treated as adults. In this case today, defendants would simply get off with a mere violation. It was until this case that the courts primarily looked at juveniles versus adults. This case set the precedent that any juvenile involved in a delinquency hearing must be afforded the same due process rights as are afforded to an adult. FACTS: Gerald (“Jerry”) Gault was 15 years old when blamed for making a lewd phone call to his neighbor, Mrs. Cook, on June 8, 1964. Afterwards Mrs. Cook documented a complaint on Gerald Gault and Ronald Lewis. Both were detained and held in confinement…show more content…
Included was ample notice of charges, notice to both parents of the child, and the juvenile's right to counsel, the opportunity of cross- examination of witnesses, and protection against self- incrimination. The Gault decision provided the standard of due process for juveniles. HOLDING: In the case against Gault things that transpired after he was taken into custody changed the way the States, the courts, and authorities handled juveniles in delinquency cases. Gault was not Mirandized at the time of his arrest, nor was his parents read their Miranda rights on Gault’s behalf. Gault was not made aware of his juvenile's right to counsel, the opportunity of cross- examination of witnesses, and protection against self- incrimination. When Gault was arrested, his parents were not notified. Today parents are notified before or shortly thereafter when a juvenile is taken into custody. The petition was not served on Gault or his guardians by the arresting officer. Gault or his parents did not see the petition until two months after the fact, on the day of Gault’s habeas corpus hearing. When authorities file petitions today, the parents are served with the paperwork and the time of
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