In Re Gault Case Essay

Improved Essays
The first case that stuck out with me the most was the In re Gault case of 1967. This case focused on a youth named Gerald Gault who was 15 at the time of the supposed offense. I feel this kid was railroad from the beginning his rights were violated in many ways. He did not receive the right to counsel, notice of charges, questioning of witness because the witness did not show up for the proceedings, protection against self-incrimination, a transcript of the proceeding, nor and appellate review all these things were denied. www.ncjrs.gov I believe it was important in establishing the due process clause of the 14th Amendment which was violated. The ruled the juveniles have a right to have all things view except appellate review or transcripts. …show more content…
This case changed my outlook far as execution of juveniles. This case involved Simmons a young man that had a murder charge. I feel at age 17 you should be aware of our actions and with the fact that he bragged about the killing was an eye-opener to think of the possibility that this individual could have had mental issues or suffered some type of abuse as a youngster, that may have caused him to carry out this act of violence. I don’t feel he should have been executed due to these possibilities; however, a tough sentence should have been enacted. This case changed the development of sentencing anyone under the age of 18 to death it was ruled cruel and usual punishment. The Supreme Court ruled, “Capital punishment must be limited to offenders who commit a narrow category of the most serious crimes and extreme culpability makes them deserving of execution.” www.casebriefs.com This is due to the fact that juveniles lack maturity and understanding of responsibility. They are also more vulnerable or susceptible to negative influences and outside pressures. The courts also noted that the character of a juvenile is not as well formed as an adult. This case changed the juvenile system forever for some people.

Related Documents

  • Improved Essays

    Cole Cannon Case Summary

    • 1192 Words
    • 5 Pages

    On the evening of July 15, 2003, Cole Cannon went to the home of Evan Miller to make a drug deal with Millers mother (Miller v. Alabama, 2012). Evan Miller and his co-defendant Colby Smith followed Cannon back to his own trailer where all three of them smoked marijuana and played drinking games. After a while Cannon passed out and Miller stole Cannon’s wallet. Miller and Smith split $300.00 between them (Miller v. Alabama, 2012).…

    • 1192 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Juvenile crime is overwhelming throughout the country and most states have enacted laws allowing convicted juveniles to be tried as an adult and sentenced to death for serious crimes. This case addresses the issue of whether sentencing a youth to death for a crime he or she committed during the age of sixteen and seventeen is cruel and unusual punishment in violation On evening of January 7, 1981, in Jefferson County, Kentucky, Kevin Stanford, age 17 years and 4 months committed the murder of Barbel Poore. Stanford along with his accomplice constantly raped and sodomized Poore during and after their commission of a robbery at Checkers gasoline station located on Can Run Road. Afterwards Poore was driven to a secluded area where…

    • 794 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The case of Gregg v. Georgia starts with a man named Troy Gregg. Troy was imprisoned by the state of Georgia after he was found guilty of armed robbery and murdering two people in 1973. Following Gregg’s trial, the jury found Tory Gregg guilty and sentenced him to death. Troy challenged his remaining death sentence for murder, asked for an appeal, and claimed that his capital sentence was cruel and unusual punishment, in violation of the 8th amendment. The Georgia state court ruled that the death penalty was for murder.…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Roper Vs Simmons Essay

    • 923 Words
    • 4 Pages

    There is no doubt that the two separate cases of Roper v. Simmons and Thompson v. Oklahoma the act of murder was committed by minors who were tried, convicted, and deserving of a fitting punishment. However, in this analogy between the primary and secondary analogue, the argument of Roper v. Simmons is if a minor under the age of 18 should be sentenced to Capital Punishment, and if doing so is a direct violation of the Eighth Amendment citing cruel and unusual punishment (Roper v. Simmons, 2005). The Supreme Court ruled in the case of Thompson v. Oklahoma, “that executing persons for crimes committed at age 15 or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment” (Roper v. Simmons, 2005). In part, because Oklahoma’s death penalty statute set no minimum age limit in which he or she would be sentenced to death (Flaherty, 2002).…

    • 923 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Children are usually seen as innocent, as they play around with others and are just balls of energy. Often seen as simply kids who have no experience in the outside world until they grow older. However, sometimes a child’s play can go wrong and can affect another’s life. When these incidents happen where a death is involved, it’s often easy for society to look at the offender as a murder who should be in prison for the rest of their life despite what age the offender may be. While juveniles committing heinous crimes should be punished, they should also be given the chance to rejoin society at an appropriate age; therefore juveniles who redeem themselves should be able to get released earlier and be able to put their life together.…

    • 1190 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Evan Miller has had a rough upbringing. He has had emotional abandonment from his alcoholic and drug abused mother, his abusive father and forced to be placed in multiple foster cares throughout his childhood. Miller is a prime example of an abandoned, troubled minor, whose true destiny has been destroyed due to these circumstances. The problems he has faced steered him to being depressed and unsatisfied, using drugs, alcohol and four suicide attempts to trying and fulfill the emptiness he has been feeling his entire life.…

    • 1439 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Life Sentence

    • 1227 Words
    • 5 Pages

    Kenneth Young was 14 when he was convicted and received four life sentences. While the brains of the operation, a 24 year-old black male was only sentenced for only a single life sentence. Yes both roughly the same length but it’s apparent that the adolescents are treated unfairly in the court systems. The worst part of the injustice system is that one of the biggest, most biased factors that play a role in deciding the final discipline is…

    • 1227 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    All eyes were glued to the judge as he said the words that would change the juvenile’s life forever. He was being sentenced to life in prison as a part of a crime he committed with his friends. Many young adolescents some as young as 9 , are being forced to go to prison for long periods of time on an almost daily basis. Minor’s should not be allowed to be tried as adults and to be sentenced to life in prison, as an adult environment would be to brutal for them to cope with. In addition, most kids are very susceptible to peer pressure and often act on impulse in large groups.…

    • 1526 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Imagine this. You are happily married with an amazing son who is your whole world. He is currently fourteen years old and nothing could be better. One day he is peer pressured into holding a gun for a friend who claims it is no big deal. His friend tells him to shoot if anyone comes around the corner while he breaks into the closed store.…

    • 795 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Juvenile Court System

    • 1039 Words
    • 5 Pages

    Kent vs. The United States determined that all juvenile courts must give every juvenile defendant the same basic due process rights as an adult. Furthermore, the In re Gault case ascertained that adults and juveniles had the same legal rights as the other when it came to what they were allowed to do in court. In addition, the In re Winship case stated that proof beyond a reasonable doubt was required in order to convict a juvenile. All three of these cases are significant in being the framework of the juvenile justice system because they set and stated the standards and protocols of due process and fair treatment in a juvenile…

    • 1039 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    There have been many opinions on juveniles being convicted as adults on the crimes they have committed. When it comes to some of these harsh crimes, who could not punish the individual to the fullest? It does not matter how old a person is because everyone knows the difference between right and wrong. If someone is raised differently and believes it is okay to murder another human, than they cannot just change their mindset. An individual that makes and adult decision should have the same consequences.…

    • 1231 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Marin Sinzer Case Study

    • 723 Words
    • 3 Pages

    While the “criminal is a child” approach to the juvenile justice system is appealing due to its forgiving nature and emphasis on rehabilitation rather than punishment, there are some cases in which this decision is not so cut-and-dry. One of these instances of a legal “gray area” is the case of Marin Sinzer, who was charged for the murder of Tammy Shevin, 25 years after the crime was committed. The now 38 year old is petitioning to be tried as a juvenile, since he was only 13 at the time of the crime, a year younger than the waiver age at the time. While many proponents of the “criminal is a child” approach take that stance because of the physical and psychological dangers posed to juveniles who are placed in adult prisons, in this unique…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    After hearing their son 's sentence, and receiving a harsher punishment than an adult, the parents raised a petition to rehear the case. According to “Facts and case summary: In re Gault 387 U.S. 1(1967)” on www.uscourts.gov. It was the Supreme Court that had decided that “...juveniles facing an adjudication of delinquency and incarceration are entitled to...…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The decision of juveniles being tried as adults in the world of criminal justice has usually been an object of controversy. Some agree that an adolescent who commits a serious crime like murder deserves to be penalized exactly like an adult; while others declare that a minor should not face the same punishment as an adult. However, no matter how severe or appalling a crime may be, juveniles should not be tried as adults; the reason being that everyone should be granted the chance to learn from their mistakes. Juveniles should not be punished as adults, simply because they biologically distinct from adults. Teenagers are the midsection between children and adults.…

    • 1250 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Criminal Justice Frontline’s video, “Second Chance Kids,” takes its viewers through a controversial topic: life in prison for those who committed crimes as teens. Before the mid 2000s, teenagers who murdered someone get sentenced to life without parole. The arguments that teenagers grow up and change convinced courts to reconsider giving parole to those who were convicted for their crimes made as a teen. In one case, Anthony Rolon was 17 years old when he committed a crime. He was helping his father with selling drugs but a party next doors got really loud.…

    • 463 Words
    • 2 Pages
    Improved Essays