...juveniles and the Constitution. Three of the most notable of these cases are Kent v. United States, In re Gault, and In re Winship. The decisions of the aforementioned cases all played an imperative role in juvenile cases. The case of Kent v. United States involved a sixteen-year-old juvenile by the name of Morris Kent. Kent was arrested for several charges, which included breaking into a woman’s home, robbery, and rape. Kent was on juvenile probation, so the state requested to send his trial to an adult court where he was sentenced a thirty to ninety year prison term. However, the Supreme Court overturned the sentence ruling that juveniles have a right to counsel and a hearing in any case where the juvenile judge considers transferring the case to adult court. This landmark...
Words: 523 - Pages: 3
...As discussed in the textbook, some of the most important cases were decided in the 1960’s and the 1970’s as the “get tough” movement was taking shape. These cases include Gideon v. Wainright, 372 U.S. 335 (1963); Kent v. United States, 383 U.S. 541 (1966); In re: Gault, 387 U.S. 1 (1967); and McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The case of Gideon v. Wainright, 372 U.S. 335 (1963), involved a defendant (Gideon), who, after being arrested and brought to trial,...
Words: 881 - Pages: 4
...Gerald Gault, a fifteen-year-old juvenile, was arrested by the Gila County Sheriff’s Department in June of 1964 (Pedzich, 2011). Gault was arrested on suspicion of making inappropriate and offensive calls to a neighbor Ora Cook (Facts and Case Summary – In re Gault, n.d.). During his police interview, Gerald claimed it was actually his friend Ronald Lewis that made the calls to his neighbor. He stated he heard his friend using abusive language to someone on the phone while he was preparing for work, took the phone from him, hung the call up and kicked his friend out of the house. His parents were never notified that he was taken into custody until after his mother arrived home and noticed that he was missing. Gerald’s mother was eventually...
Words: 695 - Pages: 3
...The Development of Juvenile Justice Throughout the development of juvenile justice, there have been many important cases that have improved the process of the juvenile justice system and safeguarded the rights of the juvenile’s going through it. However, the three cases that I believe to be the most important in the development of juvenile justice are the In re Gault or the Gault decision, the In re Winship or the Winship decision, and the case Breed v. Jones. Each of these three cases that I chose all improves juvenile justice process by safeguarding a juvenile’s rights. To begin, the most important case in the history of the juvenile justice is the case In re Gault. Gault was a 15-year-old boy who was accused of making a lewd phone call to a neighbor and taken into custody where he was held in a detention home. Even from the start, certain rights were not granted that normally would have been if Gault had been 18 years old. His mother was never officially notified of his detainment, during his first hearing there were no specific facts stated, no witnesses, no...
Words: 782 - Pages: 4
...that children who make their way into the law can be treated correctly and appropriately as children and not adults. Many cases have taken place throughout the years to modify these rights of the child in a court of law. One case in particular took place in 1967. This case is in regards to Gerald “Jerry” Gault, a 15 year old boy who was making obscene phone calls to a neighbor as a prank. Why is this case significant? The way it was handled, how the boy was treated, and the rights that came out of this case were all important of how we handle juveniles today. On June 8, 1964, 15 year-old Gerald Gault...
Words: 991 - Pages: 4
...20th Century Juvenile legislation It was found that Kent v. United States is a legal case Decided March 21, 1966. The Supreme Court of the United States ruled that the District of Columbia juvenile court violated the Constitutional rights of Morris A Kent Jr. Today the courts must follow the precedent set in Kent v. United States when it comes to waiving juveniles to be tried as adults. The fundamental mistake made by the District of Columbia was the lack of a waiver hearing when the decision was made to try Kent as an adult; the lack of a waiver hearing constitutes a due process violation. At a waiver hearing the prosecutor and defense attorney present evidence on whether or not the juvenile should be waivered to an adult court (Taylor/Fritsch, 2011). Supreme Court of the United States overturned the conviction of Kent and ruled that a juvenile has due process rights if being waived to an adult court (Taylor/Fritsch, 2011). The Court ruled the waiver invalid, stating that Kent was entitled to a hearing that measured up to "the essentials of due process and fair treatment". Kent's counsel should have had access to all records involved in the waiver, and that the judge should have provided a written statement of the reasons for waiver (ncjrs, 1999, para. 5 internet). This paper examines Taylor/Fritsch’s research to understand juvenile legislation. Kent v. United States is legislation that shaped the treatment of juvenile offenders/delinquents. This legislation contributed...
Words: 885 - Pages: 4
...ITT-tech | Juvenile Justice Supreme Court Cases | Project 2 | | Latisha Lipsey | 7/30/2012 | | Juveniles have been committing crimes since the beginning of time, and they were punished has needed. The problem in today’s world is the youths are starting to commit more crimes, then decades ago, and another issue is how to punish a juvenile for the crime they committed. There are several landmark juvenile cases that were decided by the U.S. Supreme Court. The first three cases, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970), are considered to be three biggest cases which opened the doors for the juvenile litigation before the U.S. Supreme Court (Champion, 2010,2007,2004,2001,1998). When the Kent case was decided in 1966, it was much easier for the U.S. Supreme Court to impose its vast precedent setting powers on juvenile courts in all jurisdictions. Then there was other cases including Breed v. Jones that granted various constitutional rights to juveniles (Champion, 2010,2007,2004,2001,1998). In today’s world juvenile courts in all jurisdictions have moved away from traditional approaches to juvenile offending and punishment and onto due process commensurate with adult offenders. The presence of an attorney in juvenile courts is more of a rule then an exception (Champion, 2010,2007,2004,2001,1998) . The history of the evolution of the legal rights of juvenile offenders began in the 1960’s, the Supreme Court required juvenile...
Words: 2279 - Pages: 10
...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...
Words: 783 - Pages: 4
...If for any reason, the juvenile fails to comply between that time period, the intake officer can file a petition. They can decide to refer the juvenile to private and public agencies, psychological or psychiatric providers, drug and alcohol facilities programs, any other necessary treatment or programs. In the re gault case, a juvenile by the name of Gerald Gault who was 15 years old was accused of making offense telephone calls to his neighbor, Mrs. Cook, with his friend, Ronald. When the police arrived to Mrs. Cook’s house they interviewed her, a few minutes later, both juveniles, Gerald and Ronald we’re arrested and taking to Children’s Detention Home. While being arrested, neither of the individuals we’re read their rights. Prior to this accident, Gault was on probation already for another accident. When Gault was arrested his parents weren’t contacted, nor we’re they contacted when he was taking to the Detention Home. When taking Gault, the police left no letter nor called to inform his parents of the issue. After hours of searching for their son, Gerald’s parent eventually discovered what occurred after talking to Ronald, who had...
Words: 1076 - Pages: 5
...were no sworn witnesses and no record was made of the proceedings at the hearings. The neighbor who made the complaint wasn’t even present. The judge committed Gerald to Arizona’s State Industrial School until he turned 21, unless he was discharged earlier by “due process of law” meaning he might have to spend up to six years at the school. An adult convicted of the same crime would have received a maximum penalty of a $50 fine and imprisonment for no more two months. Gerald’s parents petitioned for their son’s release. They argued that his constitutional rights to a fair trial had been violated and that he had been denied due process of the law. The case eventually made its way to the Supreme Court, which ruled in favor of Gerald in In re Gault, 387 U.S. 1...
Words: 1245 - Pages: 5
...MEMORY-WORK: AN INTRODUCTION Jennie Small University of Technology, Sydney Research methodology, from the perspective of Critical social science, is considered as: inherently political, as inescapably tied to issues of power and legitimacy. It is assumed that methods are permeated with assumptions about what the social world is, who the social scientist is, and what the nature of the relation between them is (Lather, 1991, p.12). Critical social science moves away from description of behaviour as enduring social fact to attempting to understand how behaviour is produced, thus recasting behaviour as “the effects of contingent and contested processes of change” (Churchman, 2000, p.100 citing Scott). Feminists and those working within a social constructionist paradigm have debated whether there are research methods specific to such approaches. In other words, is there a social constructionist or feminist method? Schwandt (1994), in discussing constructivist, interpretivist approaches to human enquiry, commented that “what is unusual about the approaches cannot be explained through an examination of their methods. They are principally concerned with matters of knowing and being, not method per se” (p.118). Feminists have also considered that it is the methodology and outcomes rather than the methods which define the research as being feminist. Nonetheless, while feminists have adopted a variety of methods, they have tended to prefer qualitative...
Words: 6123 - Pages: 25
...Wisconsin v. Mitchell, 508 U.S. 476 (1993) Enmund v. Florida, 458 U.S. 782 (1982) Vacco v. Quill, 521 U.S. 793 (1997) Washington, et al. v. Glucksberg, 521 U.S. 702 (1997) Albers v. California, 354 U.S. 476 (1957) Doe v. Bolton, 410 U.S. 179 (1973) Heller v. New York, 413 U.S. 483 (1973) Kansas v. Crane, 534 U.S. 407 (2002) Kansas v. Hendricks, 521 U..S. 346 (1997) Kaplan v. California, 419 U.S. 915 (1974) Lawrence v. Texas, 539 U.S. 558 (2003) Miller v. California, 413 U.S. 15 (1973) Paris Adult Theater v. Slayton, 413 U.S. 49 (1973) Roe v. Wade, 410 U.S. 113 (1973) Roth v. United States, 354 U.S. 476 (1957) Eddings v. Oklahoma, 455 U.S. 104 (1982) Furman v. Georgia, 408 U.S. 238 (1972) In re Gault, 387 U.S. 387 U.S. 1 (1966) In re Kemmler, 136 U.S. 436 (1890) In re Winship, 397 U.s. 358 (1977) Illinois v. Vitale, 447 U.S. 410 (1980) United States v. Dixon, 509 U.S. 688 (1993) City of Chicago v. Morales, 527...
Words: 413 - Pages: 2
...The juvenile justice system started off a little rocky but got better over time. It started in 1899 in Chicago Illinois; it was mainly nothing more than a minor speaking to a judge and the fact that the juvenile lacked legal representation. They wanted to avoid placing minors in the same jails as adults so the early juvenile courts created a probation system mainly to provide minors with guidance, supervision, and education. Over time every state had followed Illinois lead and created a juvenile court. In 1967, in the case of In re Gault, the U.S. Supreme court determined that juveniles have the same rights given to adults accused of crimes, also giving them the rights to an attorney, and the right to confront a witnesses against them. Later the Supreme Court also gave the youth rights to have a trial, and constitutional rights against double jeopardy. Most states consider delinquency as crimes that were committed by a child under the age of 18 at the time; most states also allow some minors to remain under supervision of juvenile court until they turn 21. Juveniles tend to slip up and get into some trouble that is why they should be allowed to have a different court system than the adult court system because minors do not have the capability to think as clearly as adults do. But in some cases juvenile will get treated as an adult depending on the nature of their crimes, states statutes identify the kinds of cases that a prosecutor can transfer to adult court. They will take...
Words: 497 - Pages: 2
...In the next decade, I believe the “pendulum” of the juvenile justice system will continue to swing towards rehabilitation. The juvenile court's main focus was to use a more rehabilitation approach instead of restoring to incarceration since juveniles are just kids. With this approach, the juvenile court puts an emphasis on the whole child instead of the offense, used parens patriae as its foundation, discretion of the juvenile's behaviors, and has the judge be the sole determining factor of the juvenile's faith (Cauffman, 2018). Throughout history, it is evident that the pendulum tends to swing back and forth between rehabilitation and punishment, especially within the past century. In fact, cases such as In re Gault and in re Winship, have...
Words: 858 - Pages: 4
...sumpre court case forced the prosecution must disclose any evidence that the defense request. U.S V. bagley 3. Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt? The prosecutor 4.The role of the defense attorney includes all except? Which one of the following. D: representing the state 5:Which U.S supreme court case established the right of counsel for indigent defendants in federal court proceedings? Johnson V. Zerbst. 6. Which U.S supreme court case established the right to counsel for indigent defendants in state felony court . Gideon V. Wainwright 7. Which U.S supreme court case established the right to counsel for juvenile defendants? In re gault 8. The most widely used system in indigent defense is. public defender program 9. List the order of the steps in criminal trial . 1. Opening statement by prosecutor? Plaintiff 2. Opeing statement by defense 3. Direct examination by prosecutor/ plaintiff. 4..Cross- examination by defense 5. Motions 6..Direct examination by defense 7.Cross examination by plaintiff/prosecutor 8. Closing statement by plaintiff/prosecutor 9. Closing statement by defense 10. Rebuttal argument 11. Jury instructions 12. Verdict 10: The federal speedy trial act allows for the dismissal of charges when the prosecution does not seek indictment with in 30 days of arrest, or...
Words: 460 - Pages: 2
