Gerald Gault (was a 15 year-old (Arrested in Phoenix, Arizona, Monday June…
was a 15 year-old
Arrested in Phoenix, Arizona
Monday June 8,1964
Gerald was serving a six-month probation for having been with another boy who had stolen a wallet.
Taken into custody for making lewd telephone calls.
Committed to the State Industrial School as a juvenile delinquent until he reached majority.(age 21)
Previously been placed on probation.
Neither of Gerald’s parents were home at the time this police action was taken.The police left no notice at the home, and the parents were not notified
police´s action was taken on the basis of a neighbor’s complaint that Gerald had made obscene remarks to her over the telephone.
provides a juvenile with the right to confront adverse witnesses in juvenile court
juveniles have the right to notice and counsel, to question witnesses, and protection against self incrimination.
The Supreme Court agreed. He was not given
notice of charges, right to counsel, right to remain silent, right to confrontation.
14th Amendment - no state can deprive any person of life, liberty, or property without due process of law.
6th Amendment guarantees the right to a fair trial and a lawyer if you can't afford one.
Today there are special juvenile justice systems that follow special rules for kids who break the law. Just because you are a kid doesn't mean you can't get the same protection as adults.
He was represented without counsel
no evidence was present regarding the charge.
U.S. Supreme court ruled that his constitutional due process rights were violated.