Preview

In Re Gault Case Study

Good Essays
Open Document
Open Document
582 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
In Re Gault Case Study
Case In re Gault 287 U.S.1 1967 (Facts and Brief Summary-In re Gault). Gerald Jerry Gault, a fifteen year old juvenile, who was already on probation was arrested and placed in a Children Detention Center. He was accused by his neighbor of making obscene telephone calls. At the time of his arrest he was with a friend who had stolen a wallet out a woman’s purse. Also, at the time of Gault’s arrest his parents were at work in which officers did not notify them of their son’s arrest. Therefore, a working parent became a worried parent when she returned home and her son was not home. Gault’s mom had sent his older brother in search of him. That is when she had founded out, her son and his friend was arrested through a family member of his friend. …show more content…
Issue: Was Gerard Gault done fairly in his court case and if not what was injustice (Facts and Brief Summary-In re Gault)?
Once the United States Supreme Court heard the Gault’s case the decision was made that Gerard Gault was treated unfair and his rights were violated. In which the court finds Gault’s rights to counsel, right to confrontation and cross-examination and his the fact that his parents was not notified when their son was taking into police custody (In Re Gault, 2017).
Facts: The police that arrested the boys did not read them their Miranda Rights which falls under the 5th Amendment. Their 14th Amendment also was violated, due process, the right to deprived of life without due process of law. Also, when Gerard Gault was denied the right to counsel it violated his 6th Amendment (In Re Gault, 2017).
References
Facts and Brief Summary-In re Gault. (n.d.). Retrieved April 18, 2017, from United States Courts: http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-re-gault
In Re Gault. (2017). Retrieved April 22, 2017, from JUSTIA US Supreme Court:

You May Also Find These Documents Helpful

  • Good Essays

    98 N.J. Super. 235, 236 A.2d 630, N.J. Super. Lexis 389 (1967) Superior court of New Jersey, Law Division…

    • 560 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Foster v. Byrne, 76 Iowa 295, 35 N.W. 513, 1888 Iowa Sup. LEXIS 201 (1887)…

    • 293 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Wainwright trial. 2They left and impact felt by everyone who steps into the courtroom today. 3Gideon and Betts push to change the precedent paid off. 4In 1972 the precedent was changed to "require counsel for any defendant who would spend even one day in jail if found guilty" ("Gideon v. Wainwright"). 5As the same law was tried many times, it changed each time it was brought into court. 6During its second run through the court, changing the law was denied, and Betts lost his case. 7According to Roberts, the Fourteenth Amendment "does not compel states to provide counsel to any defendant" ("Betts v. Brady"). 8This case resulted in the decline of Betts, an exceptionally diverse in comparison to Gideon v. Wainwright. 9Even though justices doubted Betts claim, Gideon made them believe in it; resulting in a case that made American…

    • 2093 Words
    • 9 Pages
    Good Essays
  • Better Essays

    Deborah Evans Met Aaron Conway and his wife Barb Conway five years ago as part of the religious sect Canyon County Family Society that has existed for 25 years with 120 members, which is part of the Mormon Church which strongly believes in polygamist marriages. Ms. Evans moved in with the Conway’s two years ago, in which time Mr. Conway and Ms. Evans began dating even though he has been married to his wife Barb for 10 years, and have five children together. In 2011Mr. Conway decided he wanted to be married to Deborah Evans as well for a second wife, as it is part of their religious beliefs to do and applied for a marriage license in canyon County, Utah. Mr. Conway and Ms. Evans then proceeded to the county clerk’s office and applied for their marriage license where they were denied, and informed at that point that polygamy in the state of Utah is not legal, and since Mr. Conway was already married, they could not get a marriage license. The Conway’s and Ms. Evans at this point sued the state of Utah in trial court for their right to practice polygamy based off of their religious beliefs. The trial court ruled against them, and denied the group the marriage license. At this point the Conway’s and Ms. Evans would like to appeal the trial court decision.…

    • 1347 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Cooper V. Austin

    • 864 Words
    • 4 Pages

    Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)…

    • 864 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Retard

    • 969 Words
    • 4 Pages

    (d) The case: (12 marks) • What happened in this case? (1 mark) Summarise the facts. PLEASE BE CAREFUL NOT TO SIMPLY RE-WRITE OR RE-STATE THE FACTS. What is required is a BRIEF summary, in your own words. What was the decision in the case? (1 mark) Identify and explain the main legal issue or issues of the case in your own words. (10 marks) NOTE: this part of the question will require students to do some reading and to conduct some independent research beyond the case and beyond the prescribed textbook. Please see the attached Guidelines for this Assignment, as well as the Research Guidance Notes for Assignment 1 on Blackboard to help you with your research.) 3. Please include footnotes AND a bibliography (list of references at the end of your assignment). Please note footnotes and the bibliography will NOT be included in the word limit. NOTE: You should also refer to the Course Outline (section 4) regarding Assessment Format (paragraph 4.3), Assignment Submission Procedure (paragraph 4.4) and penalty for late submission (paragraph 4.5).…

    • 969 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Michael Brown Debate

    • 799 Words
    • 2 Pages

    If anything officer Wilton's rights were ignored when he was subject to grand jury without any due process.…

    • 799 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Specifically, Maddox asserted that his right to due process was violated as outlined in violation of the doctrine of Brady v. Maryland by the state 's failure to disclose a photograph taken by the police shortly after the alleged rape showing Elder 's bed neatly made, the results of a police examination of the bedspread which revealed no blood, semen or other fluid, and lastly a written statement by another witness, Brenda Phelps, that Debbie Phillips had stated that she dropped her insurance with Maddox for financial reasons. Maddox appeals the denial of habeas relief.…

    • 584 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    The 14th Amendment stands up for the rights of the citizens. According to dictionary.com, it is an amendment to the Constitution, ratified in 1868, defining citizenship and forbidding states to restrict the basic rights of citizens or other persons. In my opinion when it comes to the 14th Amendment and Gault’s confinement to an Industrial School, his rights were violated. I do not believe he was given a fair chance from the time he was picked up from his parent’s house because they should have been notified immediately and he should have had access to counsel before speaking.…

    • 116 Words
    • 1 Page
    Good Essays
  • Better Essays

    Courtroom Observation

    • 2129 Words
    • 9 Pages

    Bibliography: Gumpresht, M. E. (2008, March 12). Memorandum in Opposition to the Motion for Summary Judgment. Civil Action No. 82A04-8876-CV-285…

    • 2129 Words
    • 9 Pages
    Better Essays
  • Good Essays

    The article presents various ethical issues but the issue that stood out was the restricting of opioid use. This is a controversial topic in our country as it is estimated that 1.9 million Americans have a substance use disorder involving opioids (National Institute on Drug Abuse). Dr. Wergin faces an uncomfortable situation being the only physician in Milford and having to directly deal with the limitations on prescription opioids. He understands that while not every patient is an addict or drug seekers, it can be difficult to distinguish sometimes due to pain being subjective. He wants to be able to prescribe opioids for the patients that truly require it such as Mr. Filbert, whose pain has resisted five surgeries. The federal government…

    • 476 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The U.S. Supreme Court has recognized that juveniles have many of the constitutional due process rights afforded adult defendants: the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. In re Gault, 387 U.S. 1 (1967). Juveniles also have the right to have the alleged offense proven beyond a reasonable doubt. In re Winship, 397 U.S. 358, 368 (1970). The North Carolina Juvenile Code provides additional statutory rights to juveniles, such as the right to have a parent present during in-custody interrogation, the presumption of indigency, and confidentiality of juvenile court records. G.S. 7B-2101(a), -2000(b), -3000(b). The principal rights are discussed in this chapter, although it is not intended to be exhaustive.…

    • 5855 Words
    • 18 Pages
    Good Essays
  • Good Essays

    The 14th Amendment

    • 1800 Words
    • 5 Pages

    The Fourteenth Amendment was a direct outgrowth of the national debate over slavery1, and the subsequent emancipation of the slaves during the Civil War. In the aftermath of that war, Congress confronted a number of thorny issues: what would be done about the rebel leaders? Would the defeated states contribute to paying off the Union’s debts? Would slave owners be compensated for the loss of their property? What measures would be required of the defeated states as a condition of their full re-admittance to the Union? Two cases that took place before the creation of the Fourteenth Amendment are particularly important, considering that in a way or another they would help shape this Amendment: Barron vs. Baltimore and Dred Scott vs. Sanford.…

    • 1800 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In Re Gault was the Supreme Court’s “first foray” (Dorsen) into the rights of minors as decided by the Constitution. Fifteen year old Gerald Gault was taken into custody for making lewd comments to a neighbor, over the phone. His parents were not notified and he was not given access to an attorney. He was not notified of his right not to self-incriminate and was eventually convicted as an adult and sentenced to jail until age 21. If he had been tried as an adult, it would have been a misdemeanor. Before this case it was considered that minors had no rights until they turned 18 and were legally considered an Adult. "Under our Constitution the condition of being a boy does not justify a kangaroo court. …Due process is the primary and indispensable foundation of individual freedom. It is the basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise…." (Fortas). The supreme court definitely interpreted the constitution correctly because the constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is saying that juveniles accused of a crime must have the same…

    • 880 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    FindLaw | Cases and Codes. (n.d.). FindLaw: Cases and Codes. Retrieved July 11, 2011, from http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=452&invol=161…

    • 3284 Words
    • 14 Pages
    Powerful Essays