In+Re+Gault


 * In Re Gault ** May 15, 1967

In July of 1964, a fifteen year old boy named Gerald Gault made multiple inappropriate telephone calls to his neighbor in the state of Arizona. The neighbor later complained, and Gault was PLACED under arrest by the police. Gault was taken while his parents were not home, and when they returned they did not know where he was. Gault's parents were not informed of their son’s arrest, but later found out from one of Gerald Gault’s friends. One of the officers who had arrested Gault created a petition stating that he was allowed to take Gault without telling the parents,PERIOD however, it was not shown until the habeas corpus hearing in August of 1964. At the trial, Mrs. Cook, the plaintiff, and Gerald’s father were not there. The judge sentenced Gault to be put into NO CAPS The State Industrial School of Arizona for 6 years until he turned 21. An adult charged with the same crime would have received around a 50-dollar fine and two months in jail. WOW - INTERESTING 4.5/5

The Supreme Court's major issue was to decide whether or not their method of punishment towards Gault was considered unconstitutional under the Due Process Clause of the fourteenth amendment. The fourteenth amendment simply states that citizens all have equal rights, and equal protection under the law. The Due Process Clause protects state governments, courts, and individuals under their rights when accused. This includes the right to be heard when defending oneself, and the right to understand what criminal behavior is. 5/5 Gerald Gault was sentenced 6 years in The State Industrial School of Arizona for the “obscene” phone calls. The 8-1 decision of the Supreme Court ruled that Gault's sentence into the School for 6 years was unconstitutional according to the 14th amendment which states that all citizens have equal rights. The rights Gerald Gault did not receive included the right to an attorney, a formal notification of the charges held against him, information about his right against self-incrimination, his opportunity to confront his accusers, and the right to appeal his sentence to a higher court. Today, in addition to adults, people under eighteen receive these rights. 5/5

This case helped people of the United States realize that children can be deprived of their due process rights when they are brought to court. If he had been an adult, Gault would have been charged $50 and spent a maximum of two months in jail for making a lewd phone call. Because he was a minor however, he was sentenced to spend the rest of his adolescent years in a juvenile hall. In addition, the case of In Re Gault helped create controversy about juvenile defendants and their personal rights throughout the rest of history. Gault's argument led up to other cases such as Kent v. United States ITALICS and others dealing with the fourteenth amendment. 5/5

The Oyez Project, //In re Gault.//   387 U.S. 1 (1967). Retrieved on November 17, 2009 from the Oyez website: []
 * References:**

Koroknay-Palicz, A. (n.d.). //In re Gault and due process rights//. Retrieved on November 17, 2009 from the Oblivion website: []

(n.d.). //In re Gault//. Retrieved on November 17, 2009 from the Rank website: []

//Constitutional Topic: Due Process//. (n.d.). Retrieved on November 22, 2009 from the U.S. Constitution website: []

//Telephone.// Heated Ground Photography. Retrieved on November 22, 2009 from the Ask the Judge website: []

//Gerald Gault.// [Taken December 24, 2007]. Retrieved on November 22, 2009 from the Justice Talking website: [[http://www.justicetalking.org/images/features/071224_GaultPic.jpg//|//http://www.justicetalking.org/images/features/071224_GaultPic.jpg//

]] 25/25 = 100% (A+) AWESOME JOB!!!