In re Gault
United States Supreme Court
387 U.S. 1 (1967)
- Written by Mary Katherine Cunningham, JD
Facts
Gerald Francis Gault (defendant) was taken into custody on June 8, 1964, for allegedly making an offensive phone call to a neighbor. When Gault was taken into custody, his parents were not present and not informed of his arrest. Ms. Gault went to the Detention Home to collect Gerald, but the probation officers did not permit Ms. Gault to take him home. The state (plaintiff) filed a petition in juvenile court the next day. At the hearing, the judge concluded that Gerald made lewd remarks in the phone call and later committed Gerald to the State Industrial School as a juvenile delinquent until Gerald turned 21 years old. Because Arizona did not permit appeals in juvenile cases, Gault’s parents filed a writ of habeas corpus. The trial court dismissed the writ of habeas corpus, and Gault’s parents appealed to the Supreme Court of Arizona, which affirmed the trial court. Gault’s parents appealed to the United States Supreme Court, challenging the dismissal of a writ of habeas corpus.
Rule of Law
Issue
Holding and Reasoning (Fortas, J.)
Concurrence (Black, J.)
Concurrence/Dissent (Harlan, J.)
Dissent (Stewart, J.)
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