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Judge McGhee also said that Gerald was already on probation. The Supreme Court's decision was This option was to appeal to the The Supreme Court had to answer three important legal questions in this case: a specific question, a general question, and a question that would affect every juvenile and court in the country. The Court ruled that juveniles (children and teenagers) have the same rights as adults when they are accused of a crime.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. Gerald Gault, Norman Dorsen & Justice David Bell. 0000003492 00000 n 0000000816 00000 n 1 In re Gault, 387 U.S. 1, 13 (1967). 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." She asked McGhee to explain what laws he had used to find Gerald "delinquent." She eventually found him at the county Children's Detention Home, but was she not allowed to take him home.Gault has always said that his friend Ronald Lewis made the call to Cook from the Gault family's trailer. 0000002540 00000 n This played a part in his decision, he said.Next, Amelia Lewis and the Gaults appealed to the Arizona Supreme Court (The Arizona Supreme Court ruled against the Gaults. 0000064935 00000 n The Gaults' lawyer questioned Judge McGhee about the legal reasons for his actions. 25 0 obj <> endobj xref 25 26 0000000016 00000 n 0000064913 00000 n Simple.wikipedia.org In re Gault, 387 U.S. 1 (1967), was a landmark case decided by the Supreme Court of the United States in 1967. 0000002013 00000 n 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. 0000002772 00000 n 0000001583 00000 n 0000006977 00000 n 0000027995 00000 n Gerald was then still 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.
While the Constitution never says that its rights are only for adults, American courts had never given juveniles the same due process rights as adults.In the United States' court system, there are separate courts for children who are accused of committing crimes or having On June 8, 1964, a police officer arrested Gerald Gault, a fifteen-year-old. 701, O.T. IN RE GAULT, 387 U.S. 1 (1967) Decided May 15, 1967. Judge McGhee usually worked in the Gila County Superior Court (an adult court), but was working in the juvenile court that day.At the end of the hearing, Judge McGhee said he would think about what to do, and sent Gault back to jail. This mini-lesson covers the basics of the Supreme Court’s decision that said juvenile offenders have a right to due process. %PDF-1.3 %���� 1967. They said that neither the Juvenile Code or Gerald's conviction Under United States law, the Gaults had only one legal option left. He was arrested after a Meanwhile, Gault's mother came home and realized he was missing. In the Court's opinion, Justice Fortas wrote that without these due process rights, a person cannot get a fair trial, no matter what age they are. Students learn about 14th Amendment due process, fairness, and the specific rights afforded juveniles in the justice system. 0000006059 00000 n In re Gault (1967) -iCivics. 0000004023 00000 n 0000001070 00000 n