in re gault

in re gault

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  • why?
  • you are under arrest
  • Question before the court?
  • What ammendment is this issue based upon?
  • Gerald Gault a 15 yr old boy and his friend Ronald  were arrested for making an obscene phone call to a neighbor. He was denied the right of due process because he was a juvenile.
  • what if i were 18 would i have been treated better?
  • Question before the court: What are the due process rights for a criminal defendant?
  • "He is a minor"
  • Its based upon the fifth amendment which states that no one shall be deprived of life, liberty or happiness or due process of law.
  • The fifth amendment protects our right to due process of the law, Gault felt that his Procedural rights of due process were violated. The petitioner argued that had Gault been 18 his due process rights wouldn't have been violated or would have been treated differently.
  • The respondent argued: "He is a minor a delinquent child, 15 yrs of age" 
  • Descion: The judge decided that its goes against the fifth amendment which protects our due process rights. Even if  you are a minor  you do have due process of law
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