Re Gault Legal Brief

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Re Gault Legal Brief

Case Title- Re Gault

Case Facts and Background

At 15 years old, Gerald Gault was charged with making vulgar phone calls to a neighbor in 1964. The calls were reported by the neighbor, leading to an immediate arrest. Mr. Gault was transferred to a facility for young offenders. Mr. Gault's probation was revoked when he was caught with a male companion who had stolen a wallet. No notice informing Mr. Gault's parents of his arrest was left after his arrest. The family of suspect Ronald Lewis informed Mrs. Gault of her son's detention.

Things got worse when the court petition was filed on the same day as the arrest. Mr. Gault and his parents weren't given notice of the petition. It wasn't until the day of the habeas corpus hearing in August of 1964 that anyone involved even saw the petition (which means that a person under arrest is to be brought before a judge to secure the defendant's release unless there are grounds for detention).

Another problem was that his hearing date needed to be an unofficial one. Mrs. Cook (the complainant) was not attending, no one was required to take an oath before testifying, and neither a recording nor a transcript was made. According to varying accounts, Mr. Gault did not confess when the judge questioned him. Mr. Gault was returned to the jail center and eventually brought home to his parents two or three days following his hearing. At his release on June 15, 1964, Mr. Gault and his parents were informed of a second hearing.

Even though Mr. Gault's mother had asked Mrs. Cook to attend the victim's hearing, she was absent that day. Mr. Gault's confessions were not recorded, which is the second time. Probation...