In re Gault | 5-4

It's not easy being a kid. Especially when the state thinks you don't have any constitutional rights. Thank goodness for this week's case, In re Gault, where the Court decides you can have a little rights, as a treat. If you're not a 5-4 Premium member, you're not hearing every episode! To get exclusive Premium-only episodes, discounts on merch, access to our Slack community, and more, join at fivefourpod.com/support. 5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations. Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. You can follow the show on Twitter and Instagram @fivefourpod. __________ ABOUT THE CASE from https://www.oyez.org/ Facts of the case Gerald Francis Gault, fifteen years old, was taken into custody for allegedly making an obscene phone call. 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. Question Were the procedures used to commit Gault constitutionally legitimate under the Due Process Clause of the Fourteenth Amendment? Conclusion 8–1 DECISION FOR GAULT MAJORITY OPINION BY ABE FORTAS No. The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment. These requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against self-incrimination. The Court found that the procedures used in Gault's case met none of these requirements.