Juvenile Justice System Case Study
In re Gault: Appeal from the Supreme Court of Arizona
(The appeal under 28.U.S.C. 1257 (2) judgment from the Supreme court of Arizona affirming the dismissal of petition. The petition sought for the release of 15 years old Gerald Francis Gault.) Gault had been committed as a juvenile delinquent by the state of Gila County, Arizona. The dismissal came forth because the alleged denial of procedural due process rights to juveniles and various arguments against the constitutional juvenile code of Arizona.
Gault was in the company of his friend, Ronald Lewis when Lewis had stolen a wallet from a woman's purse. Gault and Lewis were taken into police custody because of a verbal complaint from a neighbor stating that someone called her making indecent …show more content…
and lewd remarks. When taken in to custody Gault parents where not notified that he was in police custody nor where they properly informed when of court hearings and what legal rights they had as far legal counsel. When at the hearings no one was sworn in, no transcripts were made and Mrs. Cook the neighbor that made the complaint was never contacted again.
Gerald commitment was for six years, and even as a status offense Gerald receved more time than an adult would have.
The Juvenile Justice System is in place to help protect children because of their age. What appears to be common sense to one person may not be common sense for someone else. When dealing with Juvenile each case should be looked at individually instead of the one pot approach. For example if you have two teenagers the same age (15) that commit the some crime one may be a good candidate for implementing a diversion plan, liberal approach Ex. someone with a learning disorder commit a crime but didn’t know any better. While with the other child you may need to take the more conservative approach. Ex. commit a crime because he or she was bored.
One of the most devastating fact to me is when I think about the Juvenile Justice System / Criminal Justice System I think about being privileged and not being privileged. It’s not a hidden fact that minorities have the highest incarceration rate and it’s been that way for a very long time.
I’m not the one to pull the race card but I have to call it like I see it, you have a system in place that’s bombarded with low income families that are represented by the same government wanting to put them in prison. I tell my children all the time don’t leave your life in the hand of a
stranger. I also fill that it is the courts responsibility to inform citizens of their judicial rights, the right to counsel. Being a citizen dealing with law enforcement, and the courts can be intimidating and confusing, you can’t expect citizens to know their legal rights. Juvenile are protected because they are not adults although some may try and act as they are they still need guidance. I don’t believe in and eye for an eye when it comes to children because I do not believe children are born bad.
(The appeal under 28.U.S.C. 1257 (2) judgment from the Supreme court of Arizona affirming the dismissal of petition. The petition sought for the release of 15 years old Gerald Francis Gault.) Gault had been committed as a juvenile delinquent by the state of Gila County, Arizona. The dismissal came forth because the alleged denial of procedural due process rights to juveniles and various arguments against the constitutional juvenile code of Arizona.
Gault was in the company of his friend, Ronald Lewis when Lewis had stolen a wallet from a woman's purse. Gault and Lewis were taken into police custody because of a verbal complaint from a neighbor stating that someone called her making indecent …show more content…
and lewd remarks. When taken in to custody Gault parents where not notified that he was in police custody nor where they properly informed when of court hearings and what legal rights they had as far legal counsel. When at the hearings no one was sworn in, no transcripts were made and Mrs. Cook the neighbor that made the complaint was never contacted again.
Gerald commitment was for six years, and even as a status offense Gerald receved more time than an adult would have.
The Juvenile Justice System is in place to help protect children because of their age. What appears to be common sense to one person may not be common sense for someone else. When dealing with Juvenile each case should be looked at individually instead of the one pot approach. For example if you have two teenagers the same age (15) that commit the some crime one may be a good candidate for implementing a diversion plan, liberal approach Ex. someone with a learning disorder commit a crime but didn’t know any better. While with the other child you may need to take the more conservative approach. Ex. commit a crime because he or she was bored.
One of the most devastating fact to me is when I think about the Juvenile Justice System / Criminal Justice System I think about being privileged and not being privileged. It’s not a hidden fact that minorities have the highest incarceration rate and it’s been that way for a very long time.
I’m not the one to pull the race card but I have to call it like I see it, you have a system in place that’s bombarded with low income families that are represented by the same government wanting to put them in prison. I tell my children all the time don’t leave your life in the hand of a
stranger. I also fill that it is the courts responsibility to inform citizens of their judicial rights, the right to counsel. Being a citizen dealing with law enforcement, and the courts can be intimidating and confusing, you can’t expect citizens to know their legal rights. Juvenile are protected because they are not adults although some may try and act as they are they still need guidance. I don’t believe in and eye for an eye when it comes to children because I do not believe children are born bad.