Mona Pexa In Re Gault
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Transcript of Mona Pexa In Re Gault
Mona Ann Pexa
Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call on the morning of 8 June 1964.
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.
After this decision Gault proceeding before the Supreme Court.
Juvenile court (June 1964)
The committed Gerald Gault to the State Industrial School until he reaches the age of 21.
Supreme court (May 1967)
The Supreme court ruled in favor of Gerald Gault.
An adult arrest for the same crime must
Only pay $ 50 Or spend two month in jail
Instead a Teenager has to
Spend 6 years of his live in a State industrial School.
The 14th Amendment what guaranteed :
Notice of the charges Right to counsel Right to confrontation and cross-examination Privilege against self-incrimination Right to a transcript of the proceedings Right to appellate review
He used a very vulgar language when Gault make a telephone call with his neighbor.
The police officer handled everything correct at the scene
That a teenager doesn’t have the same rights as an adult
White with special request
Juvenile courts provide less protections than adult courts.
Juveniles did not have the right to a court-appointed attorney
To notice of charges of criminal behavior Did not have the right to confront accusers Cross-examine witnesses Did not have the right to a written record of
the proceedings To appeal the juvenile court judgment
The problem with this lack of procedural protections was that
A juvenile risked losing his or her liberty for several years
The best interests of the child usually involved placement in secure facility until the age of 18 or 21.
In a 8-1(7-2) decision the Supreme court ruled that the Juvenile court come to an unfair and false decision.
The U.S. Supreme Court ruled that Gault's commitment to the reformatory constituted a deprivation of liberty.
This meant that Gault should have been provided with most of the procedural protections afforded to adults in criminal prosecutions.
After the SC decided in fewer of Gault
Juvenile proceedings are more fair to the juvenile
Juvenile proceedings are more adversarial They became more capable of resisting
commitment to secure reformatories But it also made it more difficult for the juvenile
courts summarily to obtain control over juveniles.
And the right of a Jury was denined
Page
Wikipedia. 27 Sep 2008 <http://en.wikipedia.org/wiki/In_re_Gault>.
Oyez. 27 Sep 2008 <http://www.oyez.org/cases/1960-1969/1966/1966_116/>.
Legal-dictionary http://legal-dictionary.thefreedictionary.com/In+re+Gault
Picture
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