In Re Gault
Definition
The 1967 United States Supreme Court decision holding that due process protections reach juvenile proceedings that can end in confinement, usually credited with starting the shift from welfare to justice.
Related terms
- Due Process
- The constitutional or legal requirement that a person facing loss of liberty receive fair procedure, including notice, a hearing, and the chance...
- Justice Model
- The view that a young person facing possible confinement is owed the same due process safeguards as an adult defendant, with disposition...
- Parens Patriae
- A common-law doctrine under which the state acts as an ultimate guardian of persons who cannot fully protect their own legal interests,...
- Restorative Model
- A third strand that centres the victim and community, asking what harm was done and what would repair it, usually layered on...
- Welfare Model
- The view that a child who offends is a child in need of care, with disposition scaled to the child's needs rather...
- Hybrid Model
- A system that combines welfare-oriented rehabilitation goals with justice-model procedural safeguards, the pattern most contemporary juvenile justice systems actually follow.
Explained in these topics
- Welfare Model vs Justice Model (Unit IX)
- Welfare Versus Justice Models of Juvenile JusticeThe 1967 United States Supreme Court decision extending core due process rights, including counsel and the privilege against self-incrimination, to juveniles f...