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Abstract

Argument: Friday, December 16, 1966
Decision: Monday, May 15, 1967
Issues: Civil Rights, Juveniles
Categories: children, criminal, due process, juveniles, right to confront witnesses, right to counsel, self-incrimination

Advocates

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)
Frank A. Parks (Argued the cause for the appellee, pro hac vice, by special leave of the Court)

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.

Supreme Court Justice Opinions and Votes (by Seniority)

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

Cite this page

The Oyez Project, In re Gault, 387 U.S. 1 (1967),
available at: <http://www.oyez.org/cases/1960-1969/1966/1966_116/>
(last visited ).