10.5 Expanding Juvenile Rights
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- In Re Gault
- A new england boy, Gerald Gault was taken into custody for incessant calls to a neighbors house. Gault was taken to a juvenile detention home shortly after he was taken into custody, without parental knowledge. The woman who accused Gault, Mrs. Cook, did not appear at the trials that took place shortly after Gaults arrest. The maximum penalty if Gault was charged as an adult would have been $50, however since he was charged as a minor, he was sentenced to six years in a juvenile detention center.
- The Supreme Court Ruling
- The parents of Gault filed a writ of habeas corpus which was eventually heard by the supreme court. The ruling by the court was as follows, juveniles are entitled to a due process rights when dealing with a case of potential detention. The supreme court ruled that the fourteenth amendment extends to juvenile detention and that both adults and juveniles should be awarded the same rights in a court of law
- The ruling by the supreme court expanded the juvenile rights of accused minors in the legal system under the jurisdiction of the fourteenth amendment
- Impacts
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