15 Sep in re gault established all of the following except
They tap the basic stream of religious and political principle, because the privilege reflects the limits of the individual's attornment to the state and -- in a philosophical sense -- insists upon the equality of the individual and the state.
The SRI study revealed that 61 percent of the sample Juvenile Court referrals in 1965 had been previously referred at least once, and that 42 percent had been referred at least twice before. I consequently agree with the Court that the Arizona law as applied here denied to the parents and their son the right of notice, right to counsel, right against self-incrimination, and right to confront the witnesses against young Gault. [ in a state institution until the juvenile reaches the age of 21. .
[ case. [Asked about the basis for his conclusion that Gerald was "habitually involved in immoral matters," the judge testified, somewhat vaguely, that two years earlier, on July 2, 1962, a "referral" was made concerning Gerald, "where the boy had stolen a baseball glove from another boy and lied to the Police Department about it."
383, 386.Here again, however, there is substantial question as to whether fact and pretension, with respect to the separate handling and treatment of children, coincide.
"We are warned that the system must not "degenerate into a star chamber proceeding with the judge imposing his own particular brand of culture and morals on indigent people. to indicate that the hearing to be held must conform with all of the requirements of a criminal trial or even of the usual administrative hearing; but we do hold that the hearing must measure up to the essentials of due process and fair treatment.
Nor does the Court's voucher of "authoritative opinion," which consists of four extraordinary juvenile cases, contribute materially to the solution of these issues.
On that night, when Mrs. Gault went to the Detention Home, she was orally informed that there would be a hearing the next afternoon and was told the reason why Gerald was in custody. But with lawyers come records of proceedings; records make possible appeals which, even if they do not occur, impart by their possibility a healthy atmosphere of accountability. They testified that their confessions were the product of fear and fatigue due to extensive police grilling. In my view, the Court should approach this question in terms of the criteria, described above, which emerge from the history of due process adjudication. That provision in Magna Charta was designed to prevent defendants from being tried according to criminal laws or proclamations specifically promulgated to fit particular cases or to attach new consequences to old conduct. Appellants attack this on the ground that the admissions were obtained in disregard of the privilege against self-incrimination. After the neighbor, Mrs. Cook filed charges, Gault and his friend were taken to the Juvenile Detention Home. [It is also urged, as the Supreme Court of Arizona here asserted, that the juvenile and presumably his parents should not be advised of the juvenile's right to silence because confession is good for the child as the commencement of the assumed therapy of the juvenile court process, and he should be encouraged to assume an attitude of trust and confidence toward the officials of the juvenile process. 85 (1966), p. 2.Julian Mack, The Juvenile Court, 23 Harv.L.Rev. Appellants' 15-year-old son, Gerald Gault, was taken into custody as the result of a complaint that he had made lewd telephone calls.
. ARS § 8-224. ""was freely made while Morales was afforded all of the requisites of due process required in the case of a sixteen year old boy of his experience.
measure up to these standards, and could not properly be used as a basis for the judgment against him. The distinction between them is particularly inadequate here, where the legislature's substantive preferences directly and unavoidably require judgments about procedural issues. 3. And here the probation officer was also superintendent of the Detention Home.
"There is evidence . After hearings before a juvenile court judge, Gerald was ordered committed to the State Industrial School as a juvenile delinquent until he should reach majority.
.
The object of the other is conviction and punishment for a criminal act.In the last 70, years many dedicated men and women have devoted their professional lives to the enlightened task of bringing us out of the dark world of Charles Dickens in meeting our responsibilities to the child in our society. Due process requires, in such proceedings, that adequate written notice be afforded the child and his parents or guardian.
The evidence from which the Court reasons that they would not is inconclusive, [ in those courts. It also pointed out that, under New Jersey law, the confinement of the boys after reaching age 21 could be extended until they had served the maximum sentence which could have been imposed on an adult for such a homicide, here found to be second-degree murder carrying up to 30 years' imprisonment. It is the basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise. "Certainly these figures and the high crime rates among juveniles to which we have referred ( told that one of the important benefits of the special juvenile court procedures is that they avoid classifying the juvenile as a "criminal." The court also pointed out that the Gaults appeared at the two hearings "without objection." [J]uvenile proceedings to determine 'delinquency,' which may lead to commitment to a state institution, must be regarded as 'criminal' for purposes of the privilege against self-incrimination.
Its only notice provision is to the effect that, if a person other than the parent or guardian is cited to appear, the parent or guardian shall be notified "by personal service" of the time and place of hearing. .
Many of these children have simply the misfortune to be in some manner distressed; others have engaged in conduct, such as truancy, which is plainly not criminal.
"It ruled that the correct burden of proof is that "the juvenile judge must be persuaded by clear and convincing evidence that the infant has committed the alleged delinquent act."
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