In re Gault (1967)

In re Gault, 387 U.S. 1 (1967), is a U.S. Supreme Court case in which the Court ruled that juvenile criminal defendants are entitled to Due Process protection under the Fourteenth Amendment of the U.S. Constitution. The Court opined that due process of law is the primary and indispensable foundation of individual freedom. Among other things, due process protection includes the right to timely notice of criminal charges, the right to confront and cross-examine witnesses, the right not to testify against oneself, and the right to counsel (representation by a lawyer). The Court held that a due process required that the child and their parents or guardian must be notified, in writing, of the specific charge, or factual allegations in order to be considered at a juvenile delinquency hearing, and such written notice must be given “at the earliest practicable time, and in any event sufficiently in advance of hearing to permit preparation”. It was further held that the assistance of counsel is essential for purposes of determination of juvenile delinquency and that “the Constitution guarantees that no person (including a juvenile) shall be compelled to be a witness against themself when they are threatened with the deprivation of liberty.

[Last updated in April of 2022 by the Wex Definitions Team]