NCJ Number
160226
Date Published
1996
Length
16 pages
Annotation
This chapter explains the implications of the U.S. Supreme Court's "Gault" decision for juvenile court procedures.
Abstract
The "Gault" decision requires that at any proceeding where a child may be committed to a State institution, that child and his parent or guardian must be given notice in writing of the specific charges against the child sufficiently in advance of the proceedings to permit adequate preparation. The child and his parent must be notified of the child's right to be represented by counsel, and if financial considerations so require, counsel must be appointed for them. The child and his parents or guardian must be advised of the child's right to remain silent. Admission or confessions obtained from the child without the presence of counsel must undergo the greatest scrutiny to ensure reliability. In the absence of a valid confession, no finding of "delinquency" and no order of commitment of the child for any length of time may be upheld unless such finding is supported by confrontation and sworn testimony of witnesses available for cross-examination. The "Gault" decision, however, cannot be read solely in accordance with the aforementioned binding precedents. Part II of the "Gault" decision makes clear that the Court views with disfavor the entire system of the juvenile court. This suggests that the Court is laying the foundation for further decisions by the Supreme Court that will extend the due process clause into other aspects of juvenile proceedings. 23 notes, discussion questions, and suggested student applications of the chapter material