In re Gault

Media Items
In re Gault - Oral Argument
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Advocates
Frank A. Parks (Argued the cause for the appellee, pro hac vice, by special leave of the Court)
Norman Dorsen (Argued the cause for the appellants)
Merritt W. Green (Argued the cause for the Ohio Association of Juvenile Court Judges, as amicus curiae, urging affirmance)
Case Basics
Docket No.: 
116
Appellant: 
In re Gault
Decided By: 
Warren Court (1965-1967)
Opinion: 
387 U.S. 1 (1967)
Categories: 
right to confront witnesses, children, juveniles, right to counsel, self-incrimination, criminal, due process
Location No location information present.

Cite this page
The Oyez Project, In re Gault , 387 U.S. 1 (1967)
available at: (http://oyez.org/cases/1960-1969/1966/1966_116)
Facts of the Case: 

Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. Gault had previously been placed on probation. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested. After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21.

Question: 

Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment?

Conclusion: 

No. The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment. These requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against self-incrimination. The Court found that the procedures used in Gault's case met none of these requirements.

Decisions

Decision: 8 votes for In re Gault, 1 vote(s) against
Legal provision: Due Process

Sort by Ideology

Voted with the majority
Warren
Wrote a special concurrence
Black
Voted with the majority
Douglas
Voted with the majority
Clark
Wrote a special concurrence
Harlan
Voted with the majority
Brennan
Wrote a dissent
Stewart
Wrote a special concurrence
White
Wrote the majority opinion
Fortas

Full Opinion by Justice Abe Fortas

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