A report was filed by the probation officer accusing Jerry of making lewd phone calls, but no formal charges were filed or read to Jerry. This mini-lesson covers the basics of the Supreme Court’s decision that said juvenile offenders have a right to due process. Appellants' 15-year-old son, Gerald Gault, was taken into custody as the result of a complaint that he had made lewd telephone calls. Miranda v. Arizona: Summary, Facts & Significance
In re Gault, 387 U.S. 1 (1967) In re Gault.
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- Definition, Theories & Facts
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This meant Gault had broken a state law.Gault's accuser, Mrs. Cook, was not at either hearing, even though Mrs. Gault had asked for her to come so she could identify whether Gerald or his friend had made the phone calls.At the time, Arizona law did not allow juvenile cases to be The hearing was held on August 17, 1964.
- Definition, Statistics & History
Plus, get practice tests, quizzes, and personalized coaching to help you 4:16 Gerald Gault, Norman Dorsen & Justice David Bell.
In 2007, Gault said that once he heard what Lewis said, he kicked Lewis out.The next morning, Gault had his first court hearing, in front of Judge McGhee.
UExcel Juvenile Delinquency: Study Guide & Test Prep Syllabus. imaginable degree, area of The Fourteenth Amendment says that "no state can take away any person's "life, liberty, or property, without due process of law; nor deny to any person ... the equal protection of the laws." All rights reserved. A Their request was denied and they appealed to the Supreme Court of Arizona where it was again denied.
Major U.S. Supreme Court Decisions Impacting the Juvenile Justice System Jerry's parents filed a writ of habeas corpus in the Arizona courts alleging that there was no legal authority to hold Jerry. 2d 378Grover, Gail; Cushna, Erica; & Morton, Barbara (April 17, 2013) (Presentation).
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Finally, he was not advised of his right to stand silent in the court proceedings so that he did not have to answer questions in court that could tend to prove him guilty of a crime.
Jerry's neighbor was not present to testify, and no other witnesses were sworn either.
The Gaults' lawyer questioned Judge McGhee about the legal reasons for his actions. Civics Study Guide
Students learn about 14th Amendment due process, fairness, and the specific rights afforded juveniles in …
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Auburn vs. Pennsylvania Prison Systems 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio Op.
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In the Matter of Whittington, No. Jerry was not given a copy of any charges, and the court did not even inform him of the charges.
The Court's ruling in this case was so important for children's rights that Justice In the four years before the Supreme Court decided Based on these two amendments, the Supreme Court decided these These decisions, however, only applied to adult courts. He had no ability to ask questions or even hear what the neighbor accused him of doing. Because the trial court did not keep a record of the proceedings through a court reporter or other recording device, there was disagreement as to what was said and what occurred at his hearings.
What Is Juvenile Delinquency? The Supreme Court said that all of these reasons were cause for a reversal of his conviction and sentence.
The Supreme Court's decision was
After this initial hearing, Jerry returned to detention for a few days and then was allowed to go home.
In re Gault (1967) SEARCH FOR STATE STANDARDS >> Lesson Plan.
At the end of the hearing, the judge sentenced Jerry to a juvenile detention facility until he reached the age of majority (which was 21 in Arizona).
- Definition, Rules & Statistics
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