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CASE OF IN RE GAULT 1967 1

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TheIn re Gault case was a breakthrough for the USA supreme courtdecision that apprehended that juveniles accused of crimes indeliquescent proceedings must be afforded many of the similar dueprocedural rights as adults. These rights include the right toconfront witnesses, right against personal incrimination, right tocounsel and right to appropriate notification of the charges(Kurlychek et al, 2014).

Thecase was that one morning in 1964 a fifteen-year-old boy calledGerald “(Jerry)” was taken into custody of the county children’sdetention by the sheriff of Gila County without informing theparents. This happened after a neighbor by the name Mrs. Cookcomplained of receiving an inappropriate and offensive telephonecall. It is indicated that Gerald was located by her mother late inthe evening after she found him missing.

Thehearing was scheduled the next morning by the Supreme Court JuvenileJudge known as McGhee who said that he was going to think about thecase. Therefore, he was forced to stay in custody for several daysuntil he was released without any substantial explanation. They foundthat boy was a minor delinquent child since he had an age of 15years, which made them confine at the State Industrial School for aduration until he attains 21 years unless due procedures of lawrelease him.

Itwas later noted that no witness was present and the court had notmade any transcript of review. Notably, the Arizona did not permitany appeal for juvenile cases therefore when Gerald’s motherpetitioned the Supreme Court to obtain her son’s release she wasreferred to the juvenile judge McGhee for hearing.

Inthis case, the victim did not appear at the time of trial of the caseand the court did not resolve whether Gault made the vulgar remarksin the presence of another person. McGhee testified that he thoughtit amounts to disturbing the peace where one person uses obscenelanguage in the presence of another person and he was not able togive the section regarding this according to the Juvenile Code.

Similarly,the boy was transferred and confined in a training school for aperiod of his minority. The hearing of the case held that only tothe adjudicatory stage of the juvenile process may have led to acommitment to a state institution for incarceration. On the otherhand, the Supreme Court never ruled on a juvenile’s right toappellate review but only encouraged the state to provide thoserights.

Thecourt also dwelled much and based its rulings on the fact that GeraldGault was to be punished rather than helped by the juvenile court. Itis evident that the court prohibited “parens patriae” doctrine asthe primary principle of juvenile justice. It held that Gault’scase violated the due procedures of the 14thclause amendment, which resulted in the demonstration of discretionhowever, it compassionately motivated its principles and dueprocesses.

Thetrial was eventually heard by the Supreme Court after the attorneygeneral had obtained a writ of habeas that was observed asconstitutional rights such as right for notice to charges, right tocounsel and right to the questioning of the witness and at the sametime, the review of proceedings was denied. Similarly, the case didnot guarantee any afforded rights to a confrontation that would haveallowed for cross-examination of the witness.

Thecourt also concluded that since the non-criminal attached to juvenileproceedings did not influence the scope of juvenile rights. This casemarked the constitutional domestication of “parens patriae” inthe juvenile court and therefore new due process model thatcontrasted with the historic conformity of juvenile cases hearingsemerged.

TheSupreme Court has simultaneously afforded children due process whichdelivers swift and appropriate punishment and endeavors made torehabilitate and meet the therapeutic needs of juvenile offenders andtheir families are yet to be attained. Also, the amendment of thejuvenile court Codes to explicit public safety aimed at juvenileoffender justice where punishment for offenders is either primary orpurpose to maintain fairness in the juvenile systems (Brezina et al,2015).

Transferof Juveniles to Adult Courts has shown a great significance thejuvenile court judges transferred to adult court to preside overjuvenile cases has resulted to judicial waivers. On the other hand,the filing of some juvenile cases directly to adult courts hasprogressively altered the due process of juvenile offenders in that,the criteria for judicial determinations are presumed to be seriouscases.

Gettingthrough the juvenile crimes is the basic motive for transferring morecases to the adult court systems. In this case, the transfer mayresult into deterrence of juveniles from criminal behavior and ameaningful advancement that is symbolic in nature. With this, it isassumed that the adult courts could provide additional due processprotections that are highly needed in adult court systems, forinstance, the right to bench trail.

Recently,the number of formal delinquency cases that are moved through ajudicial waiver has increased since the transfer is not intended tosend the violent offenders to adult courts but to reduce the rates ofreoffering for the juvenile offender population.

References

Brezina,T., &amp Agnew, R. (2015). Juvenile Delinquency. The Handbook ofDeviance.

Kurlychek,M. C. (2014). History of Juvenile Courts. In Encyclopedia ofCriminology and Criminal Justice (pp. 2181-2191). Springer New York.

Institution Affiliation

Letter of Recommendation 3

To whom it may concern:

It is a distinct pleasure to recommend my former platoon sergeantJames Williams (ISG Rtd) in his application to attend your universityto major in advanced safety engineering and management. In the past11 years, I have worked with Williams in some capacities within armyrankings: as my platoon sergeant, first sergeant, and battalionoperations sergeant. After retiring from the Army, I have had theprivilege to work with him in Afghanistan as my assistant sitemanager and can attest to his perceptive, sharp and quick nature ofthe conducting responsibilities.

I am familiar with William’s career and educational goals. KnowingWilliams, this opportunity is a dream come true and he will pursue itwith so much dedication, enthusiasm, motivation and drive as it willenable him to learn more about what he is passionate about. Thus, thelearning will allow him to fulfill his educational goals while alsosharpening his skills and abilities in safety engineering andmanagement

In the previous years, Williams has been a very passionate aboutsafety and its management. This was profoundly shown in his armyyears where he always assured the safety of his platoon in combat.His efforts did not drain as all his platoon members returned homefrom Iraqi safely. His zeal to ensure their safety wasunquestionable.

Further, the long-term career relationship we have had has enabledme to evaluate him in every situation in several environmentalsettings. He handles obstacles with much intellect and intelligence.I enjoyed working with him due to his excellent work ethic and greatabilities such as team building.

Based on firsthand knowledge, James has an all rounded responsibleindividual. In the Army, he served three positions: platoon sergeant,first sergeant, and battalion operations sergeant. His ability toadapt to each role was epic. James is a highly motivated individual,and this enables him to conquer his obstacles especially in newfunctions and environments.

Being with Williams in the same work environment has given me theopportunity to observe his skills. I can attest to his goodcommunication skills, excellent decision-making skills, and nearlyperfect grooming. His brilliant communication skills along withgrooming have made him a social person who gets along with everyonewhile his prolific decision-making ability has established him as agood team player.

James is indeed highly professional in both dress and demeanor. Hehas a brilliant personality and good personal traits. His characteris above par and boasts of an excellent discipline. While in thearmy, discipline was a necessary attribute. This tells all about hispersonal discipline, in work training and off work discipline. Thus,the university should not worry about disciplinary cases of JamesWilliams.

Besides, Williams’ attitude towards work is positive this has beentested on several occasions and proven. This suggests that oncompletion of the course he will efficiently and convenientlyimplement what he will have learned. Further, the fact that he hasbeen on the battlefield and survived along with his platoon membersis a clear indicator that he understands safety engineering and whathe needs is a sharpening of skills and abilities.

I am confident that James Williams will impress you with his academicand extra curriculum skills. He will be a valuable asset to theadvanced safety engineering and management class as well as areliable team player. As I refer to you a highly motivated individualwith an excellent background in security management, I foresee theuniversity producing a multi-skilled safety engineer.

Sincerely,