In Re Gault, 387 U.S. 1 (1967)

"There are rights granted to adults
which are withheld from juveniles.
But, under our Constitution,
the condition of being a boy
does not justify a kangaroo court."

Gila County, Arizona, 1964. 15-year-old Gerald Gault is arrested when a neighbour complains of receiving an indecent phone call. No one tells Gault's parents that he's in jail. He's not allowed to see a lawyer. The next day he's brought before a judge. No evidence is presented, no witnesses testify, no record is made of the hearing. An adult would face a maximum $50 fine and two months in jail. The boy is sentenced to six years, in reform school.

Arizona law permits no appeal in juvenile cases. Finally, in 1967, the U.S. Supreme Court does hear Gault's case. "There are rights granted to adults which are withheld from juveniles," states Justice Abe Fortas. But, he adds, "Under our Constitution, the condition of being a boy does not justify a kangaroo court... Due process of law is the primary and indispensable foundation of individual freedom. It is the basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise."

For more...

The Constitution, Juvenile Justice, and You

AMENDMENT 14 Due Process and Equal Protection of the Law

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [^].

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