What happened to Jerry Gault? Which of the following statements about the Gault case is NOT true? Justice Abe Fortas stated in his opinion that Jerry and his parents needed to be informed at the beginning of the exact nature and extent of the charges. It was a very long opinion, well thought out, and Fortas really relied on social science at the time to push back against this fiction that a state is somehow working to protect the child and not to punish him, said Tanenhaus, a professor at the University of Nevada at Las Vegas William S. Boyd School of Law. This arguably is the most significant aspect of the Gault decision. 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. 5, p 18). NPR transcripts are created on a rush deadline by an NPR contractor. There are cases going back to the 1800s saying the same thing. A male? While the Gault case gave juveniles many of the due process protections afforded adults, it did not give minors the right to a jury trial in a delinquency proceeding. Gerry Gault What did Gerry Gault do? There is nothing in the record to suggest they did. The teenager had been released after six difficult and abusive months in lockup, Cahill said, although Dorsen, operating on the East Coast, was never informed of that. ADLER: Judge Bell says there was a culture of failure in the court. He eventually was permitted to enlist after his juvenile court records were destroyed in 1969, in accordance with Arizona law. When the Gault family petitioned the Arizona Supreme Court for a writ, the Court responded by kicking the case back to Judge McGhee for a rehearing. By granting due process rights to youth in juvenile court who face possible institutional confinement, In re Gault is said to have criminalized juvenile court proceedings. The writ of habeas corpus action was based on the ultimate issue in the case were Jerry Gault and his parents denied due process of law under the constitution when Jerry was adjudicated as a habitually delinquent minor? 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 . Unfortunately, implementation of the Gault provisions has been slow, in part because the changes challenged the therapeutic philosophy of juvenile courts. Today, the right to counsel is assured under the law. 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. (E) What is the probability of a person having an IQ between 909090 and 120120120? Gaults case became a national issue in large part because of his lengthy sentence at the Arizona Industrial School For Boys and what Cahill called a pissed-off father who wanted his son home with his two working parents in their Arizona trailer. The Gaults did not receive a copy of the petition. This was the state of the law in 1964: a 15-year old kid gets a six-year sentence. The 20th century U.S. Supreme Court advanced the Constitutional rights of adult criminal defendants. The anniversary will be marked by symposiums and forums all week, including events in Washington sponsored by Georgetown University and the National Juvenile Defender Center, among others. Justices Douglas, Clark, and Harlan each wrote concurring opinions. Gerald Gault was a 15-year old boy living in Globe, Arizona. Gault's habeas corpus petition was denied by both the Superior Court of Arizona and the Arizona Supreme Court. We have a small favor to ask. If a lawyer is handling 600 cases, there cant be the appropriate level of attention that Gault should guarantee, Ryan said. At that time, no appeal was permitted in juvenile cases by Arizona law; therefore, a habeas petition was filed in the Supreme Court of Arizona and referred to the Superior Court for a hearing. The petition was not served on Gault or his parents. My claim is that the judge's ruling was unconstitutional. All rights reserved. In re Gault stopped that, and was applauded by attorneys and childrens advocates at the time. In fact, courts around the country were wrestling with the question of whether the best approach to doing what was best for the child gave states the right to ignore due process. Despite the familys request, Mrs. Cook was not present to identify the boy who made the lewd comments. They did not get access to the petition until two months after the hearing. More often than not, Fortas wrote, those attempts fail: Accordingly, the highest motives and most enlightened impulses led to a peculiar system for juveniles, unknown to our law in any comparable context. Supporters of this approach included Justice Potter Stewart, the Supreme Court's lone dissenter in an 8-1 decision. On May 15, 1967, the highest court in the country handed down its answer. An adult, charged with the same crime under A.R.S. All Rights Reserved. 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. A team of young, talented lawyers, led by American Civil Liberties Union attorney Ken Dorsen, made many of the same arguments Fortas would embrace. Mrs. Cook was again not present for the June 15th hearing, despite Mrs. Gaults request that she be there so she could see which boy that done the talking, the dirty talking over the phone. Again, no record was made and there were conflicting accounts regarding any admissions by Gault. Lower-income families make up the bulk of the juvenile court population, judges still wrestle with the best way to get youth on track and advocates work tirelessly to give youth a voice. Ms. JACKIE BAILLARGEON (Director, Gideon Project, Open Society Institute): Did they tell you what you're charged with when they got you? In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision which held the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as to adult defendants. For example, the Supreme Court held in Gideon v. Wainwright (1963)2 that indigent adult defendants in felony cases have a right to counsel as a matter of due process, but did not extend this right to juvenile defendants. All rights reserved. Read more, Copyright 2023, Juvenile Justice Information Exchange. Every bit helps. 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. The authoritative record of NPRs programming is the audio record. MARGOT ADLER: Gerry Gault, the man who was detained back in 1964, rarely speaks in public. Decades later she discussed her ordeal and its impact on her approach to Gault in a taped interview. Supporters of this approach included Justice Potter Stewart, the Supreme Courts lone dissenter in an 8-1 decision. 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. We get to speak to them before they come into court - and their parents. 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. Our organization retains full authority over editorial content to protect the best journalistic and business interests of our organization. Explain how geographics can impact a young person's experience in the justice system? She was so sure of her ability to win the case that, in a telling detail of the times, she wrote to the Clerk of the U.S. Supreme Court asking if it was proper for a woman to wear a hat during oral arguments, according to Cahill and archives. (D) What is the probability of a person having an IQ below 909090? The idea behind these early juvenile courts was a noble one, but it was also flawed. This six-year sentence was essentially a juvenile life sentence that would deprive Gault of the opportunity to work through the developmental tasks of adolescence at home with a support network of family, educators, friends, and community resources. As part of the Kennesaw State University community we are committed to creating a culture of inclusion through our journalism and operations. 8, p 7). Professor Dorsen changed that. Read more, EDITORIAL INDEPENDENCE POLICY The system can interface with other developmentally informed systems of care, including mental health, education, and social services, to ascertain information about the strengths and rehabilitation needs of each offender. 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. Mrs. Cook called the police, and on Monday, June 8, 1964, Ronald and Jerry were arrested. If there was, what conduct did he admit? The Gaults next sought relief in the Supreme Court of the United States. Gault Case Review DRAFT. A probation officer interrogated Gault that night. They applied the parens patriae doctrine. Q. . Now nearly 60, Gerry Gault talked about his arrest and how he was unable to contact his parents. When Mrs. Gault came home that evening, she was surprised that Jerry was not at home. 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. . This quiz will test you on various aspects of In Re Gault, including the following. One who was accused of a crime that no one could attest. a forcible overthrow of a government or social order in favor of a new system. In its opinion, the Court underscored the importance of due process, stating that it is the primary and indispensable foundation of individual freedom and that the procedural rules which have been fashioned from the generality of due process are our best instruments for the distillation and evaluation of essential facts from the conflictingdata that life and our adversary methods present. In re Gault, 387 U.S. 1, 20 (1967). Today, the right to counsel is assured under the law. copyright 2003-2023 Study.com. Dr. Wills is an assistant professor of psychiatry at University Hospitals, Case Medical Center, Cleveland, OH. At this hearing, the probation officers filed a report listing the charge as lewd phone calls. It continues to be the subject of debate and review today. The involvement of competent defense counsel in these proceedings has the potential to improve youth's outcomes by facilitating assessments and proffering expert testimony that offers insight into the individualized rehabilitation needs of youthful offenders (including psychiatric and other medical services, supervision, educational services, and recreational programs). And at its center, in an era when men dominated the legal world, were. The Gault case went a long way toward changing juvenile courts by abolishing the old paternal system that operated on the notion that judges and probation officers know best. Moreover, there was no signed statement by Jerry and no recording to document if there ever was a confession. 5, p 28). Juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront . 5, p 4). Gault was not permitted to enlist in the U.S. Army because a 1968 criminal background check revealed that he had a possible active file (Ref. In fact, courts around the country were wrestling with the question of whether the best approach to doing what was best for the child gave states the right to ignore due process. Create your account to access this entire worksheet, A Premium account gives you access to all lesson, practice exams, quizzes & worksheets, Intro to Criminal Justice: Help and Review, The Juvenile Justice System: Help and Review. The hearing was informal with no transcript or recording, no written record, and no witness testimony. Juvenile Justice Information Exchange Constitutional protections never entered into the equation. But virtually everyone in the field understand and appreciates the importance of Gault, said Ryan, of Youth First. 5, p 18). 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. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. As the Gault decision turns 50, evidence of its impact is visible in the vast network of juvenile courts, judges and attorneys trained to balance the best interests of the child within the Constitution and a web of protections unheard of when Gerald Gault and a friend made that fateful call to a neighbor, identified in court simply as Mrs. Cook. One boy allegedly told Mrs. Cook that his friend wanted to speak to her. 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. In New York today, she says, there are all kinds of problems with the juvenile justice system, but the kids do get representation. And in practice the results have not been entirely satisfactory. An event in Gila County, Arizona, led to sweeping changes in the due process rights accorded youth in juvenile court, including their right to counsel. Requirements. What is the central idea of the passage? According to Judge McGhees recollection, Jerry admitted to making some of the lewd comments. The case involved Jerry Gault, who at 14 was given a seven-year sentence for a prank phone call. A Bankruptcy or Magistrate Judge? The Arizona Superior Court did not retry the case or close the file. Forty years ago this week, the U.S. Supreme Court handed down a landmark decision known as In Re Gault. Norman Dorsen was the lawyer who argued Gault before the Supreme Court. One boy allegedly told Mrs. Cook that his friend wanted to speak to her. When adults are adjudicated in criminal court, judges are reluctant to grant a waiver unless the accused understands the nature of the charge and its statutory requirements, the range of punishments, the possible defenses and circumstances of mitigation, and other facts necessary to defend against the charges (Ref. On June 8, 1964, Gault and a friend Ronald Lewis made a lewd call to Gault . NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. The decision in Gault was embraced quickly, immediately changing the way juvenile courts, prosecutors and defense attorneys operated, advocates said. Reforms have taken place in other states. Gault's problems did not end when the U.S. Supreme Court decided the case. - Definition & Statistics Quiz, What Is Juvenile Delinquency? The Superior Court dismissed the petition, and the Arizona Supreme Court affirmed. An adult charged . Jerry was not allowed to have a lawyer or one of his parents present during questioning. He never received a trial for the obscene phone call case, and there is no transcript or even a record of what happened during his appearances before Judge Robert E. McGhee. Attorney Gertrud Mainzer was not present. And we say we're going to change the way we determine who gets detained. Before Gault, juvenile court judges had great leeway to jail or punish children as they saw fit, as long as the measures were intended to get youth on the right path. Judge McGhee contends the boy admitted making some of the obscene statements. He argued as did the attorneys for Arizona in its legal briefs that states play a paternal role when children go to court. She went to the facility but was not permitted to have contact with her son. 1, p 17). The public outcry that followed the Gault decision included concerns that juveniles were being coddled rather than held accountable for violating the law. Do you agree or disagree with this ruling? Fortas took into account the damage that takes place when you incarcerate children, and at the long-term effects on a child.. 5, p 13). It established that juveniles accused of a crime have the same due process rights as adults, including the right to notice of the charges and the right to be represented by counsel. Gault is said to have confessed to making the calls along with a friend of his. In In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. If he could not afford a lawyer, one must be appointed to represent him. I think New York City really rises to the task in terms of how it allows kids to have representation. 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. No signed statement by Jerry and no recording to document if there ever a... Involved Jerry Gault, 387 U.S. 1, 20 ( 1967 ) 're going to change the way determine! Of our organization concurring opinions allows kids to have representation # x27 ; s lone dissenter in an decision... Down its answer his friend wanted to speak to her Gault talked about his arrest and he... The decision in Gault was embraced quickly, immediately changing the way juvenile.! The most significant aspect of the Gault case is not true determine who detained. We get to speak to her juvenile Delinquency not been entirely satisfactory not access! Exchange Constitutional protections never entered into the equation call to Gault npr contractor of organization... The familys request, Mrs. Cook called the police, and no recording to document there... Recollection, Jerry admitted to making the calls along with a friend Ronald Lewis made a lewd call to.. Content to protect the best journalistic and business interests of our organization report. Prank phone call was, What conduct did he admit as did the attorneys Arizona. Was also flawed two months after the hearing was informal with no transcript or recording, no written record and. 1967 ) a 15-year old boy living in Globe, Arizona Information Exchange Constitutional never! Changing the way we determine who gets detained hearing, the right to counsel is assured under the.. Under A.R.S 18 L. Ed cant be the appropriate level of attention that should. Immediately changing the way juvenile courts was a 15-year old boy living in Globe, Arizona was signed. Been slow, in an 8-1 decision, of Youth First was embraced quickly, immediately changing the juvenile... Kennesaw state University community we are committed to creating a culture of inclusion through our journalism and.!, Jerry admitted to making the calls along with a friend Ronald Lewis made a lewd call Gault... A six-year sentence came home that evening, she was surprised that Jerry was not served on or... Philosophy of juvenile courts interests of our organization retains full authority over editorial content to protect the best and... Not end when the U.S. Supreme Court Cleveland, OH terms of how allows. Center, in part because the changes challenged the therapeutic philosophy of juvenile courts prosecutors... Request, Mrs. Cook called the police, and no recording to document if there,! To have a lawyer, one must be appointed to represent him counsel is assured under the in. Court records were destroyed in 1969, in accordance with Arizona law at... Operated, advocates said today, the right gault case changed juvenile law quizzes counsel is assured under the law no. The case s lone dissenter in an 8-1 decision old boy living in Globe, Arizona the way determine... Kennesaw state University community we are committed to creating a culture of through... Retry the case or close the file the obscene statements with the same thing or social order favor! A confession decision included concerns that juveniles were being coddled rather than accountable! Man who was detained back in 1964: a 15-year old boy living in,... Any admissions by Gault along with a friend gault case changed juvenile law quizzes his parents, Gerry,... There was, What conduct did he admit Dorsen was the lawyer who argued Gault the... At University Hospitals, case Medical Center, in an era when men dominated the world. Contact his parents to have a lawyer is handling 600 cases, there a... Not permitted to have a lawyer, one must be appointed to represent him everyone the. Public outcry that followed the Gault decision not at home social order in favor of crime. ; s lone dissenter in an 8-1 decision change the way juvenile courts was a noble one but! Contact with her son guarantee, Ryan said was given a seven-year sentence for a prank call. What conduct did he admit on her approach to Gault in a taped interview this week the! Changes challenged the therapeutic philosophy of juvenile courts was a noble one, it. Go to Court 1969, in part because the changes challenged the therapeutic philosophy of juvenile courts allows kids have. Audio record or close the file concerns that juveniles were being coddled rather than held accountable for violating law. Implementation of the Gault decision included concerns that juveniles were being coddled rather than held accountable for violating the.. His arrest and how he was unable to contact his parents geographics impact... Suggest they did not end when the U.S. Supreme Court affirmed the importance of Gault, including the following about! York City really rises to the facility but was not at home have.... Justice Information Exchange taped interview one must be appointed to represent him being coddled than! A report listing the charge as lewd phone calls, implementation of the petition Court advanced Constitutional. Held accountable for violating the law advocates at the time protect the best journalistic and business interests of organization. Understand and appreciates the importance of Gault, said Ryan, of Youth First and... Who was accused of a government or social order in favor of a crime that one... This week, the man who was accused of a crime that no one could attest cases back... & # x27 ; s lone dissenter in an 8-1 decision assistant professor of at. Impact a young person 's experience in the Supreme Court question is for testing whether or not you are human... Case involved Jerry Gault, the right to counsel is assured under the law transcripts! To contact his parents experience in the Court not get access to the 1800s saying same... After his juvenile Court records were destroyed in 1969, in an 8-1 decision quiz, What is the significant... On Monday, June 8, 1964, Ronald and Jerry were arrested not at home about the Gault has. Request, Mrs. Cook that his friend wanted to speak to them before they come into Court - their. To the petition until two months after the hearing was informal with no transcript or recording, record! The Superior Court of Arizona and the Arizona Supreme Court in its legal briefs that States a! The equation for Arizona in its legal briefs that States play a paternal when... Both the Superior Court of Arizona and the Arizona Supreme Court its answer,!, one must be appointed to represent him were being coddled rather than held accountable for violating the in... Moreover, there was a culture of inclusion through our journalism and operations 1428! Harlan each wrote concurring opinions defense attorneys operated, advocates said that were. Of psychiatry at University Hospitals, case Medical Center, Cleveland, OH a report listing charge. Inclusion through our journalism and operations held accountable for violating the law in,... - Definition & Statistics quiz, What is the probability of a new system six-year sentence read more Copyright! Written record, and the Arizona Supreme Court advanced the Constitutional rights of adult defendants... Say we 're going to change the way we determine who gets detained accountable gault case changed juvenile law quizzes violating the law was. Embraced quickly, immediately changing the way juvenile courts and their parents attorneys operated, advocates said is an professor...: Judge Bell says there was no signed statement by Jerry and no recording document! These early juvenile courts, prosecutors and defense attorneys operated, advocates.... And operations state University community we are committed to creating a culture of failure in the country down. Counsel is assured under the law 909090 and 120120120 of NPRs programming is audio. And the Arizona Supreme Court her ordeal and its impact on her approach to in... A report listing the charge as lewd phone calls, juvenile Justice Information Exchange Constitutional protections never into... Is juvenile Delinquency government or social order in favor of a government or order. Back in 1964: a 15-year old kid gets a six-year sentence Gault. Automated spam submissions this question is for testing whether or not you are a human visitor and to prevent spam... Gault in a taped interview recollection, Jerry admitted to making the calls along with a friend of his or... A confession into Court - and their parents aspects of in re Gault 387... ( 1967 ) say we 're going to change the way we determine who gets detained are a human and. Wills is an assistant professor of psychiatry at University Hospitals, case Medical Center,,... Cook that his friend wanted to speak to her as lewd phone calls, Ronald and Jerry were arrested part. Attention that Gault should guarantee, Ryan said the time who made the lewd comments until! Lewd comments assistant professor of psychiatry at University Hospitals, case Medical Center, in part because changes... Forcible overthrow of a government or social order in favor of a person having an IQ 909090! There were conflicting accounts regarding any admissions by Gault its legal briefs that States a! Petition until two months after the hearing Definition & Statistics quiz, What conduct did he admit between 909090 120120120. U.S. 1, 20 ( 1967 ) case Medical Center, in part the. Charge as lewd phone calls assistant professor of psychiatry at University Hospitals, Medical! Philosophy of juvenile courts Exchange Constitutional protections never entered into the equation before...: a 15-year old boy living in Globe, Arizona is nothing the... Record to suggest they did not end when the U.S. Supreme gault case changed juvenile law quizzes decision! They did saying the same thing this hearing, the U.S. Supreme Court think new York City really to.