In re Gault

In re Gault
Argued December 6, 1966
Decided May 15, 1967
Full case nameIn re Gault et al.
Citations387 U.S. 1 (more)
87 S. Ct. 1428; 18 L. Ed. 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2d 378
Case history
PriorAppeal from the Supreme Court of Arizona
Holding
Juveniles tried for crimes in delinquency proceedings should have the right of due process protected by the Fifth Amendment, including the right to confront witnesses and the right to counsel guaranteed by the Sixth Amendment.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityFortas, joined by Warren, Douglas, Clark, Brennan
ConcurrenceBlack
ConcurrenceWhite
Concur/dissentHarlan
DissentStewart
Laws applied
U.S. Const. Amends. VI, XIV

In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision which held the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as to adult defendants.[1] Juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. The court's opinion was written by Justice Abe Fortas, a noted proponent of children's rights.

  1. ^ In re Gault, 387 U.S. 1, 4 (1967) Primary Holding

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