The United States CourtsGault at 50: the Unfinished Business of Juvenile Justice is a case summary.
On June 8, 1964, Gerald Gault was accused of making an obscene telephone call to Mrs. Cook.Gault and Ronald Lewis were taken to the Children's Detention Home after Mrs. Cook filed a complaint.Gault was arrested after he and another boy stole a wallet from a woman.
Gault's parents were at work at the time of the phone call.The arresting officer did not inform the parents of their son's arrest.When Gault was not at home, his mother sent his older brother to look for him.They learned of Gault's arrest from the Lewis family.Mrs. Gault was told that a hearing would be held the next day.
On the day of Gault's initial court hearing, the arresting officer filed a petition with the court.Gault and his parents did not receive the petition.They did not see Gerald's petition until more than two months later.The June 9 hearing was informal.Mrs. Cook was not present, no transcript or recording was made, and no one was sworn in prior to testifying.There are conflicting accounts as to what Gault said during the questioning by the judge.Gault was taken back to the Detention Home after the hearing.He was held for two or three days before being released.The hearing was scheduled for June 15, 1964, when Gault was released.
Mrs. Cook was not present for the June 15th hearing because she didn't want to see which boy did the dirty talking over the phone.The charge was listed in a report as lewd phone calls.An adult charged with the same crime would have received a maximum sentence of $50 and two months in jail.The report was not made public to Gault or his parents.The judge committed Gault to juvenile detention for six years, until he turned 21.
The petition was dismissed by both the Superior Court of Arizona and the Arizona Supreme Court.The Supreme Court of the United States was where the Gaults sought relief.The procedural due process rights of a juvenile criminal will be determined by the court.
The proceedings against Gault were conducted by a judge of the Superior Court of Arizona who was designated by his colleagues to serve as a juvenile court judge.At that time, no appeal was allowed in juvenile cases by Arizona law, so a habeas petition was filed in the Supreme Court of Arizona and referred to the Superior Court for a hearing.The petition was dismissed by the Superior Court.
The Supreme Court will hear the case to determine the procedural rights of a juvenile in a case where there is a possibility of imprisonment.