676 Words3 Pages. Unfortunately, implementation of the Gault provisions has been slow, in part because the changes challenged the therapeutic philosophy of juvenile courts. After Ms. Cook filed a complaint, Mr. Gault and his friend, Ronald Lewis, were taken to the Children's Detention Home. He found the case fascinating because an adult would have gotten a maximum sentence of 60 days for making an obscene phone call. Mainzer was also a survivor of the notorious Bergen-Belsen concentration camp, which affected her work on Gault. He had a right to independent counsel. The judge questioned Jerry who had no lawyer and was never advised of his right to remain silent. The writ was their only option. The deputy simply hauled the boy off to the Childrens Detention Center. People in this society need to realize that these children that were put behind bars, without counsel, are our next leaders.Gerald Jerry Gault, 19941. After the hearing, Gault was taken back to the Detention Home. 8, p 7). Dorsen told the court at oral arguments that Gault was still in the youth detention center when the case came before the high court. The following morning, Gault insisted that he was innocent. In 1967 a landmark U.S. Supreme Court decision gave juveniles accused of crimes the same due process rights as adults. Since states are not seeking to punish the youth, but to rehabilitate him, constitutional protections and due process not only werent necessary, but were a harmful distraction in the pursuit of helping children, She was instrumental in compiling information needed for the teams. The Superior Court dismissed the petition, and the Arizona Supreme Court affirmed. His parents were not present in court or even notified about the charges before he made the confession, according to Supreme Court records, Arizona court files and a legal brief filed on Gaults behalf. 14 y.o. ADLER: At the end of the day, the real issue may be how do you separate the teen behavior your brother might have done - making a prank phone call, stealing a pack of cigarettes - and truly violent kids or kids with serious mental health issues. At the child's original hearing, the child had an attorney. Mrs. Cook was not present, and the extent of Gault's involvement in the alleged offense could not be definitively determined. In addition, In re Gault did not address a right to legal representation for youth during juvenile court dispositional hearings. That gave youthful offenders the right to a defense lawyer, formal rules of criminal procedure and a chance to present their side of the story in an open hearing. In an eight-to-one decision, the Court reversed and remanded the appellate court decision. the transformation of culture and social institutions over time. Ms. BAILLARGEON: So it was a week before you saw your parents? The alleged remarks, later characterized by Justice Abe Fortas as comments of the irritatingly offensive, adolescent, sex variety (Ref. Although Gault requires that juvenile court proceedings be recorded, to facilitate further case review when necessary, the Supreme Court did not use the case to set the legal standard for juvenile culpability. As a member, you'll also get unlimited access to over 84,000 lessons in math, Juvenile indigent defense systems across the country are [for the most part] chaotic, under-funded, disenfranchised, county-by-county hybrids of public defenders, appointed counsel, [and] contract attorneys, [supplemented by] the occasional law school clinical program or non-profit law center [Ref. Given the unique nature of juvenile justice hearings, which, the Court said, are neither criminal nor civil, juries are not essential to that mission. All rights reserved. Today, the right to counsel is assured under the law. Gerry Gault What did Gerry Gault do? There are conflicting reports on what was said at the hearing. Its important to celebrate Gault, and never forget how important the right to counsel is, not just in court but at every step in the process, even after incarceration if needed, said Liz Ryan, president of Youth First, an advocacy group focused on ending youth incarceration. Air Asia expects the plane to be flown 1,200,000 miles the first year and 1,400,000 miles the second year. It was only then, she learned from the Lewis family of Jerrys arrest. My claim is that the judge's ruling was unconstitutional. In fact, they did not see the petition until more than two months later, on August 17, 1964, the day of Geralds habeas corpus hearing. 2015 Arizona Bar Foundation. MARGOT ADLER: Gerry Gault, the man who was detained back in 1964, rarely speaks in public. The Center aims to discover new ways to produce financially sustainable, high quality and ethically sound journalism via applied research, collaborations and advancing innovative projects. Throughout the questioning, Jerry continued to assert that the phone call had been made by his friend . The Supreme Court found many deficiencies in the way the Gault case was handled. Despite the questionable veracity of the evidence, the judge committed Gault to a State Industrial School for Boys (a juvenile corrections facility), until his 21st birthday. The police have received reliable information from this informant in the past. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Jerry still did not have a lawyer. Read more, EDITORIAL INDEPENDENCE POLICY The constitutional protections accorded to juveniles in court do not preclude the juvenile court system from serving as a vehicle for offender rehabilitation. This quiz will test you on various aspects of In Re Gault, including the following The term used for challenging the governmental detention of an individual Rights established by the Gault. Quiz & Worksheet - In Re Gault Case Overview, In Re Gault Case of 1967: Summary & Decision, Intro to Criminal Justice: Help and Review Course Practice, History & Evolution of the Juvenile Justice System Quiz, The Juvenile Court System: History & Structure Quiz, Major U.S. Supreme Court Decisions Impacting the Juvenile Justice System Quiz, Comparison of the Juvenile & Adult Systems of Justice Quiz, Types & Benefits of Juvenile Correction Alternatives Quiz, Breed v. Jones Case of 1975: Summary Quiz, In Re Gault Case of 1967: Summary & Decision Quiz, Adolescence in Law: Definition & History Quiz, Graham v. Florida: Summary & Decision Quiz, Juvenile: Definition, Law & Crime Statistics Quiz, Parens Patriae in Juvenile Justice: Definition & Doctrine Quiz, School Violence Prevention: Programs & Strategies Quiz, School Violence: Definition, History, Causes & Effects Quiz, In-School Suspension: Procedures & Statistics Quiz, What Is a Guardian ad Litem? According to Judge McGhees recollection, Jerry admitted to making some of the lewd comments. ADLER: Dorsen says he assumed after the decision that the whole legal landscape would change. Argument Terms . ADLER: They copied models from Pennsylvania and Washington, D.C., sorted non-violent from violent offenders, put in educational and mental health assessments. Visit our website terms of use and permissions pages at www.npr.org for further information. Witnesses were not sworn in prior to testifying, and the proceedings were not transcribed or otherwise recorded. Ms. BAILLARGEON: When you got to the courtroom, what did you think was happening? Gerald Francis Gault, 15, was sentenced to spend up to six years in a violent, notorious youth detention center after being accused of making an obscene phone call to a neighbor. They did not get access to the petition until two months after the hearing. In February 1964, Gerald Jerry Gault was ordered to serve six months' probation for being with a boy who stole a wallet.5 Four months later, Gault, then 15 years old, and his friend Ronald Lewis allegedly made a prank phone call to their neighbor, Mrs. Cook. The issue that a boy deserves the same level of justice and rights as a man charged with a crime was not invented that year, said Peter Cahill, an attorney who tried juvenile cases in front of McGhee and who, from 2003 to 2015, served as judge of the same Gila County, Arizona court where Gerald Gault was sentenced. The Court was particularly concerned about the random quality of Gault's adjudication because, under our Constitution, the condition of being a boy does not justify a kangaroo court (Ref. There was no due process. In re Gault stopped that, and was applauded by attorneys and childrens advocates at the time. Moreover, there was no signed statement by Jerry and no recording to document if there ever was a confession. The plaintiff was Gerald's neighbor, Mrs. Cook. It involved a child who was arrested for making prank phone calls. Hello. In New York today, she says, there are all kinds of problems with the juvenile justice system, but the kids do get representation. 5 Four months later, Gault, then 15 years old, and his friend Ronald Lewis allegedly made a prank phone call to their neighbor, Mrs. Cook. The cost to hire and train juvenile defense attorneys and to provide budgets for investigations, witness procurement, psychiatric and education assessments, and other salient resources can be prohibitive for budget-strapped juvenile court systems. Gault is said to have confessed to making the calls along with a friend of his. Jerry claims he dialed the phone but did not make the comments. The arresting officer filed a petition with the court on the same day of Gaults initial court hearing. There was no case. 5, p 4). They don't get to waive their right to a lawyer. For example, they have due process rights, like the right to have a lawyer, when they are being questioned by the police, and when they are on trial . mad prank call and was sentenced to 7 years in juvenile detention without due process, Arizona, U.S. Supreme Court in Washington, DC. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. His parents were not present in court or even notified about the charges before he made the confession, according to Supreme Court records, Arizona court files and a. shows the issues it raised werent new. As part of the Kennesaw State University community we are committed to creating a culture of inclusion through our journalism and operations. Perhaps the most significant of these was the right to counsel. juveniles have a right to have notice of the charges against them, juveniles have a right to confront and cross-examine witnesses against them, juveniles have the right against self-incrimination. Without a confession, what was left? This plan is intended to ensure that every juvenile who appears in juvenile court will be represented by a well-trained juvenile defense attorney who will advocate for the youth from arrest to postdisposition (or sentencing).21. Mr. BELL: Statistics teach us that 70 percent of these kids, if they're just left alone, they'll be all right. 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