LANDMARK CASES IN FORENSIC PSYCHIATRY:

Child Cases | Juvenile Court

Application of Gault, 1967

Case Summary:

  • Gault, a teenager, was taken into custody after making an obscene phone call. His parents weren’t notified, and he wasn’t informed of his rights.

  • He was committed to a state school until age 21 during a hearing where he was not represented by counsel, the target of the call wasn’t present, and no transcript was made. Gault petitioned for habeas corpus.

  • US Supreme Court ruled that 14th Amendment Due Process protections apply to juvenile delinquency proceedings, and that the juvenile court’s proceedings were constitutional.

  • being a boy does not justify a kangaroo court

Key Concepts:

  • Juveniles are entitled to 14th Amendment Due Process protections during delinquency proceedings, including:

    • Notice of charges

    • Right to counsel

    • Right to confront and cross-examine witnesses

    • Protection from self-incrimination

Fare v. Michael C., 1979

Case Summary:

  • Michael C, a teenager, was arrested on suspected murder. After he was advised of his rights by police, Michael requested his probation officer, who wasn’t available; a lawyer was offered, but he declined.

  • Police proceeded with questioning, and Michael subsequently disclosed incriminating information, which he later sought to suppress in court.

  • CA Supreme Court ruled that the request for a probation officer does NOT trigger 5th Amendment protection from self-incrimination. Michael knowingly and voluntarily waived his right to remain silent, consenting to continued questioning.

Key Concepts:

  • A juvenile’s request for a probation officer, rather than a lawyer, does NOT trigger 5th Amendment protections from self-incrimination.