In re Gault
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. 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.
| In re Gault | |
|---|---|
Supreme Court of the United States | |
| Argued December 6, 1966 Decided May 15, 1967 | |
| Full case name | In re Gault et al. |
| Citations | 387 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 | |
| Prior | Appeal 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 | |
| |
| Case opinions | |
| Majority | Fortas, joined by Warren, Douglas, Clark, Brennan |
| Concurrence | Black |
| Concurrence | White |
| Concur/dissent | Harlan |
| Dissent | Stewart |
| Laws applied | |
| U.S. Const. Amends. VI, XIV | |
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