In re gault

In re gault
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  • Case File Name
  •     Hahahah Jokes on you, its a prank
  • What? I think you have the wrong person. 
  •        Facts Of The Case
  • Yes it is me
  • You are under arrest for making an idecent phone call to one of your neighbors. Please accompany us to the police station
  • Is this the home of Gerald Gault?
  • Question Before The Court
  • Why did I do it?
  • In re Gault (1967)
  • Constitutional Application
  •     Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
  • Gerald Gault was 15 years old when he was accused of making an idecent phone call to a neighbor. He was arrested and taken into a children´s detention home. His parents were away when he was arrested, so a notice was left at their door.  Gault never had the option to an attorney and he was not granted the due process that adults accused of a crime were given.
  • Arguments For The Petitioner
  • Enough! Due Process does not apply to minors like you!
  • What ¨due process¨ rights are owed to a juvenile (a minor) facing a possible loss of liberty?
  • Arguments For The Respondent
  • Fourteenth Amendemt: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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 a nyperson within its jurisdiction the equal protection of the laws.
  • The court said that the sixth and fourteenth amendment of due process and people´s rights do not apply to minors, but that they only apply to normal adults. Minors do not have the right to a speedy and public trial and all of the steps adults go through in due process.
  • Gerald Gault argued that the fourteenth amendment and the sixth amendment did apply to him because he had the right to know his rights. He said that he should be told his rights as a minor and undergo a fair trial, the right to a counsel, the right to appellate review, the right against self-incrimination, timely notice of criminal charges, the right to confront a witness, and the right to a transcript of the proceedings.
  • I do have the right to have due process, I am a normal citizen 
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