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Children and Juvenile Law, Keyed to Feld, 6th Ed.
In re Gault
Citation:
387 U.S. 1 (1967)Facts
On June 8, 1964, 15-year-old Gerald Gault and a friend were taken into custody by the Sheriff of Gila County, Arizona, after a neighbor complained about receiving an obscene telephone call. Gerald’s parents were not notified when he was arrested, and he was detained at a Children’s Detention Home. The following day, a hearing was held before a juvenile court judge, but no record was made of the proceedings, the complainant was not present, and Gerald’s parents were not served with a petition stating the charges. After a second hearing on June 15, also conducted without procedural formalities, the judge committed Gerald as a juvenile delinquent to the State Industrial School until he turned 21 (a six-year commitment). The judge based his decision on an Arizona statute defining a “delinquent child” as one who violates the law or is “habitually involved in immoral matters.” For the same offense, an adult would have faced a maximum penalty of a $50 fine or two months in jail. Arizona law did not allow appeals in juvenile cases, so Gerald’s parents filed a habeas corpus petition, which was rejected by both the Superior Court and the Arizona Supreme Court.
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