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In Re Gault: Juvenile Criminal Instance Essay

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The case of In Re Gault is likely the most important case to inform the process of all future juvenile criminal instances and courts. In Re Gault follows the judging and sentencing of Gerald Gault, a 15-year-old child faced with charges of delinquency in 1967. The case is substantial for the mistreatment of the legal process by the judge and other involved parties and the introduction of due process rights for juveniles.

Due to an inappropriate phone call made by the accused, Gault was reported and arrested without notification provided to the parents. During the juvenile court, there were no transcripts, no testimony records, the witness was absent, and the accused was not informed of their legal rights or the choice to not self-incriminate. Throughout the process, the child was also held by officers for a number of days, and the mother was not allowed to see or talk to him.

The sentencing was harsh, with the accused being committed to the State Industrial School until the age of 21. In the case that he was an adult, his sentence would have only reached a fine of $50 or two months of imprisonment. Overall, the case highlighted the due clause process. The treatment of the accused was unconstitutional and dismissed many of the given rights of Gault.

Following this, due process rights became highlighted and valued equally among juveniles and adults alike. In modern society, the legal system still causes minors to be highly vulnerable in the case of arrests, hearings, and sentencing. However, certain changes such as the provision of equal rights in court do allow for more equality for juveniles. As such, the case of In Re Gault was essential in understanding the loopholes that were present and could be abused and allow for the victimization of minors.

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IvyPanda. 2024. "In Re Gault: Juvenile Criminal Instance." October 2, 2024. https://ivypanda.com/essays/in-re-gault-juvenile-criminal-instance/.

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IvyPanda. "In Re Gault: Juvenile Criminal Instance." October 2, 2024. https://ivypanda.com/essays/in-re-gault-juvenile-criminal-instance/.

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