The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Facts of the case At age twelve, Samuel Winship was arrested and charged as a juvenile delinquent for breaking into a woman’s locker and stealing $112 from her pocketbook. Every state has its own laws about their juvenile courts. Facts of the In re Gault case Gerald ("Jerry") Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. These are called "juvenile courts.". Reversed and remanded.  In its opinion, the Court unanimously overruled Betts v. Brady. They argued that Gerald's conviction was not legal because he was not given the due process rights in the Constitution. In 2007, Gault said that once he heard what Lewis said, he kicked Lewis out. Appellants' 15-year-old son, Gerald Gault, was taken into custody as the result of … Facts of the Case Fifteen-year-old Gerald Gault, who was already on a sixmonth probation order, was accused of making an obscene phone call to a neighbor. A New York Family Court judge found Winship (D) by relying on a preponderance of the evidence, the standard of proof required by S 744(b) of the New York Family Court Act, guilty of an act (stealing money from a pocketbook in a locker) that “if done by an adult, would have constituted the crime or crimes of Larceny”. 87 S. Ct. 1428; 18 L. Ed. While the Gault case gave juveniles many of the due process protections afforded adults, it did not give minors the right to a jury trial in a delinquency proceeding. However, because he was 15 and in juvenile court, Gerald got none of these rights. In re Gault, 387 U.S. 1 (1967), was a landmark case decided by the Supreme Court of the United States in 1967. USCOURTS.GOV. Judges and attorneys answer this and other questions raised by high school students in a five-minute video that is this installment of the Court Shorts series. This punishment was based on a charge of "Lewd Phone Calls." In its opinion, the Court underscored the importance of due process, stating that it “is the primary and indispensable foundation of individual freedom” and that “the procedural rules which have been fashioned from the generality of due process are our best instruments for the distillation and evaluation of essential facts from the conflicting…data that life and our adversary methods present.”  In re Gault, 387 U.S. 1, 20 (1967).  The Court noted that, had Gault been 18 at the time of his arrest, he would have been afforded the procedural safeguards available to adults. McGhee ordered Gault to be sent to the State Industrial School until he turned 21, unless the court decided to let him out before then. The Court ruled that juveniles (children and teenagers) have the same rights as adults when they are accused of a crime. Mrs. Cook was again not present for the June 15th hearing, despite Mrs. Gault’s request that she be there “so she could see which boy that done the talking, the dirty talking over the phone.”  Again, no record was made and there were conflicting accounts regarding any admissions by Gault.  At this hearing, the probation officers filed a report listing the charge as lewd phone calls.  An adult charged with the same crime would have received a maximum sentence of a $50 fine and two months in jail.  The report was not disclosed to Gault or his parents.  At the conclusion of the hearing, the judge committed Gault to juvenile detention for six years, until he turned 21. The Court also ruled Arizona's Juvenile Code unconstitutional. They had two main arguments. Gault had previously been placed on probation. This video series is something special. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children's Detention Home. At the time of the arrest, Gault was currently subject to a 6-month probation period for accompanying a boy who stole from a woman’s purse in February of 1964. Since juvenile courts could take away children's freedom by sending them to juvenile prisons, they needed to give juvenile defendants full due process rights. In re Gault, 387 U.S. 1 (1967) Gerald “Gerry” Gault, a 15-year-old boy, was arrested by the Sheriff of Gila County in Arizona for making obscene phone calls to a neighbor, Ms. Cook, on June 6, 1964. The Supreme Court agreed to hear the case to determine the procedural rights of a juvenile defendant in delinquency proceedings where there is a possibility of incarceration. Gerald Gault (15) was arrested for making an obscene phone call. Next, Amelia Lewis and the Gaults appealed to the Arizona Supreme Court (99 Ariz. 181 (1965)). In the Court's opinion, Justice Fortas wrote that without these due process rights, a person cannot get a fair trial, no matter what age they are. This played a part in his decision, he said. Facts and Case Summary - In re Gault Facts:. They ruled that Gerald's due process rights were violated. This video is about "In re Gault". He had been put on probation for six months, starting February 25, 1964, for being with another boy who stole a woman's wallet. Later, Judge McGhee said Gault admitted to saying something "lewd" to Mrs. Cook. The court's Fortas, joined by Warren, Douglas, Clark, Brennan, The [major] difference between Gerald's case and a normal [adult] criminal case is that [protections] available to adults were, The right to be told what he was charged with and when his hearings would be, with enough time to prepare, The right to a lawyer (free if the family could not afford one), The right to call witnesses and show evidence that he was not, The right not to answer the judge's questions about whether he was guilty, Gerald used lewd language while another person could hear (this was a, Gerald was delinquent under ARS § 8-201(6)(d). PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series ™:. Gault had previously been placed on probation. No. Facts of the Case Twelve-year-old Samuel Winship was convicted of breaking into a locker and stealing $112 from a woman's purse. For the worst crimes, the court can decide to put the child in a special school, juvenile prison, or other program away from home, and keep them there until they turn 21. United States Court, n.d. At the second hearing, McGhee ruled that Gault was "a delinquent child." Administrative Oversight and Accountability, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Gault has always said that his friend Ronald Lewis made the call to Cook from the Gault family's trailer. Juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home. After Ms. Cook filed a complaint, Mr. Gault and his friend, Ronald … Gerald Gault, who was 15-years-old, was taken into custody based on a complaint that he had made lewd telephone calls. If Gault had been convicted of the same crime as an adult, the Arizona laws would have allowed a maximum punishment of two months in prison and a fine of $5 to $50. 116. Benchmark 3.12 - Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to, Marbury v. Madison, Plessy v. Ferguson, Brown v. Board of Education, Gideon v. Wainwright, Miranda v. Arizona, in re Gault, Tinker v. Des 2d 378, Appeal to the United States Supreme Court, Sixth Amendment to the United States Constitution. However, lawyers from the Arizona chapter of the American Civil Liberties Union (ACLU) got involved and worked with Amelia Lewis on the Supreme Court appeal. The Supreme Court had to answer three important legal questions in this case: a specific question, a general question, and a question that would affect every juvenile and court in the country. Based on these two amendments, the Supreme Court decided these landmark cases: These decisions, however, only applied to adult courts. The court dismissed the habeas corpus petition. The next morning, Gault had his first court hearing, in front of Judge McGhee. In Re Gault Case brief Facts Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. He had spent three years in the Industrial School: two years and ten months longer than he could have possibly spent in prison if he was convicted as an adult. Nobody ever explained why he was kept in jail or why he was let go. Sent to reform school until he was 21 "Facts and Case Summary: In Re Gault." This option was to appeal to the United States Supreme Court, but to do this, they would need more lawyers, and that would be expensive. For example, they have due process rights, like the right to have a lawyer, when they are being questioned by the police, and when they are on trial. In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision in which the Primary Holding was that the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as to adult defendants. No notice given to parents. At the end of the hearing, Judge McGhee said he would think about what to do, and sent Gault back to jail. After this decision, by law, all juveniles being accused of crimes must be given the rights in the Fourteenth Amendment. At the end of the hearing, in front of Judge McGhee had enough evidence and legal reasons send... 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