Juveniles Are People Too

In 1967, with the case of In re Gault, the Supreme Court hands down what will be considered one of the most influential juvenile justice rulings in U.S. history. Juvenile or family court, which originated in 1899, is a civil court that is — supposedly — not adversarial and does not require due process protections. Fifteen-year-old Gerald Gault and a friend are taken into custody after a neighbor claims that the boys called her on the phone and made lewd remarks. Gault's parents are not notified of this, he is not notified of his rights, and no information regarding charges is given to the boy or his parents. The judge commits Gault to the State Industrial School until he turns 21 or is released by the law.

When the Supreme Court hears the case, the justices rule that a juvenile does have the right to some due process safeguards and that there are limits to the state's power to act in a parental role. A juvenile's loss of liberty is serious, not unlike a felony prosecution, and therefore the right to counsel is imperative, as well as the rights to be notified of charges, have privilege against self-incrimination, and confront witnesses. Other juvenile justice decisions follow this landmark case, primarily to further clarify what rights a juvenile is entitled to.

Teenagers in drugstore in Stockyards area of Fort Worth, Texas 1972, Bob Smith Courtsey of National Archives and Records