In Re: Gault The legal significance of the case of Gerald Gault was the process of due processing, and the violations/ discriminations made in the juvenile court system. The plaintiff was Gerald’s neighbor, Mrs. Cook. The defendant was fifteen year old Gerald Gault. On June 8, 1964, Gault and a friend Ronald Lewis made a lewd call to Gault’s neighbor Mrs.Cook. She called and made the complaint of the call and the calls sexual contents. On the same day the boys, both Lewis and Gault were taken to the state’s children detention center. Gault’s parent were never notified of the arrest until they went to look for him, and the Lewis’s family told Gault’s older brother. The parent went to the detention center, where the superintendent told them …show more content…
The Appellants was this decision overturned, they feel their son is not getting fair treatment. He is a minor delinquent, the appeal system was not available for them, but that soon changed. The petition sent to the supreme court by, Officer Flagg, Gault’s probation officer said, “ this said minor is under the age of eighteen years old, and is in need of protection of this honorable court; { this said minor} is a delinquent minor. The plaintiff, Mrs. Cook never showed up to any of the hearings scheduled, so therefore her only complaint made was that of lewd phone call to the police. She was never there to testify again …show more content…
Out of the nine justices only one voted against Gault, which was Potter Stewart. Also, out of the nine only two were concurring, they were Hugo L. Black and Byron White. They believed that the constitution should be taken literally, and that every step should be followed, but they also feel that Gault should be charged to an extent. Those who voted with the majority were those of, Earl Warren, William J. Bennan Jr., William O. Douglas, and Tom C. Clark. The majority opinion was the requirements of the fourteenth and sixth amendment were not met. The due processing was not completed. Steps were skipped, and the boy was discriminated because of his delinquency. The majority opinion was written by Abe Fortas. The legal significance of this case is the process of due processing, and the right to not be discriminated or treated unfairly. The decision of Gault’s court case sent the world into a “ due processing revolution”. In the 1970’s Gault’s case set precedent for two more cases, the cases of Mckeiver v. Pennsylvania, In Re: Burris. Also, the case of Goss v. Lopez. Both cases happen within four years. The case of Gault made the evaluation of the due process much more
Michael C., the juvenile, requesting to speak to his probation officer is not the same as asking to speak to an attorney. My opinion on this case would be I feel that the Van Nuys Police Department was more concern about getting to the bottom of this murder even with the fact their suspect could be a juvenile. Their concerns of whether or not the juvenile, Michael C. understood the seriousness of the charges, his rights and his maturity level of understanding was not important. I do not feel his Fifth Amendment was violated when asked to speak to his probation
Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes. ”The Petitioner within the case was Clarence Earl Gideon.
Most of these cases relate to the case of Ferris v. Special School District No. 1. (1973) due to the belief of entitlement to due process most of the plaintiffs share. The characters of the plaintiffs were not marred in such a way that they would not be able to gain employment in the future. Ferris’ case ruling was justified in that she was not entitled to due process and in relation to the outcomes of other related cases, her rights were not violated. The defendants were not at fault for terminating Ferris as demonstrated by the aforementioned cases where no rights were proved to be in violation, with the exception of Roberts v.
In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background.
1. Most people found the Magnotta decision to be justified. Why do you think this was the case? Especially given the similarities between the cases….
(2015). Gregg v. Georgia. Retrieved from https://www.law.cornell.edu/supremecourt/text/428/153? Lectic Law Library.
A 6-3 decision was made for this case between the nine justices. The nine justices were Earl Warren, Hugo Black, Felix Frankfurter, William O. Douglas, Tom C.Clark, John M, Harlan II, WIlliam Brennan, Jr. Charles E. Whittaker, and Potter Stewart. The chief justice was Earl Warren. Clark, joined by Warren, Douglas and, Brennan were apart of the majority opinion which applied the exclusionary rule and several earlier decisions that had begun the
The Supreme court trial contained the key players, that were trying to get their point across, of Mr. Clarence Earl Gideon and Louie L. Wainwright. Mr. Gideon's attorney had restated the 6th amendments ability of how a fair, speedy, public trial should be given to
14th Amendment Due Process Clause It certainly is remarkable that the United States Constitution refers to “due process” twice. Therefore, the 5th Amendment’s allusions to “due process” state that nobody can be “deprived of life, liberty or property without due process of law. "
Each state is different when it comes to laws, regulations, and their due processing system. The judicial system has evolved over the years, and is not the structure as the framers created. “The system’s reliance on precedent ensures a consistent and stable institution that is still capable of slowly evolving over the years—such as by increasingly reflecting the diverse population it serves” (515). The framers created the concept, but the structure needed to evolve over the years.
Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.
The written story of how Clarence Earl Gideon, a poor Florida man, went from a convicted criminal to ultimately redefining legal history is astounding. The Supreme Court commonly dismisses more cases than it accepts and the fact that a handwritten petition from a prison inmate was accepted shows that even the seemingly most insignificant person can make a difference in our society. The book’s literature is highly legalistic but constantly provides a detailed account of how the judicial system is constructed. Coming from a regular college student standpoint with no previous formal law education, this makes the underlying concept easier to grasp. The story’s setting during the time of the Gideon case, showed how the legal system was constructed towards the growing concept of a defendant’s rights.
There were claims on the Manton case study that Dixon had prior history of engaging in sexual activity at his high school, which led Dixon to be suspended twice for the prior sexual acts. At the time of this incident, Dixon was 18 years old, and the “victim” was 15 (Manton, 2005). Following this factual information, Dixon at that time claimed that the sexual act was consensual and accused the girl of fabricating the story because of fear of her parents finding out and punishing her for sleeping with a black man (Manton, 2005). Several charges were suggested for Dixon which included: statutory rape, aggravated child molestation, rape, sexual battery, false imprisonment, and aggravated assist (Manton, 2005). Dixon was then acquitted of a majority of the charges and found Dixon guilty of statutory rape and aggravated child molestation (Manton,
Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
Nobody had known what the girl had been yelling about until they saw the news story pulled up on her phone. When a boy tried to grab it, it cracked, and lightning started coming out and seemed to be going into Jackson’s chest. After that, the school’s power shut off. The police arrived fifteen hours later and took Jackson into custody. In his court case, they convicted him of theft and sent him to prison for 11 and a half months.