In adult proceedings, this contention has been foreclosed by decisions of this Court. All three must be present if we are to treat the child as an individual human being and not to revert, in spite of good intentions, to the more primitive days when he was treated as a chattel. Pp. [ requires timely notice of the purpose and scope of any proceedings affecting the relationship of parent and child. Agreeing that the constitutional guarantee of due process applies to proceedings in which juveniles are charged as delinquents, the court held that the Arizona Juvenile Code impliedly includes the requirements of due process in delinquency proceedings, and that such due process requirements were not offended by the procedure leading to Gerald's commitment.
[ in a state institution until the juvenile reaches the age of 21. ARS § 8-222. .
are among those traditionally confined to the processes of criminal justice; their disposition necessarily affects in the most direct and substantial manner the liberty of individual citizens. It is the disposition stage at which the opportunity arises to offer individualized treatment plans and in which the danger inheres that the court's coercive power will be applied without adequate knowledge of the circumstances.
Judge Ketcham said:"Simply stated, the Court's decision in this case rests upon the considered opinion -- after nearly four busy years on the Juvenile Court bench during which the testimony of thousands of such juveniles has been heard -- that the statements of adolescents under 18 years of age who are arrested and charged with violations of law are frequently untrustworthy, and often distort the truth. The court also pointed out that the Gaults appeared at the two hearings "without objection."
[3] Gerald “Jerry” Gault, a 15-year-old Arizona boy, was taken into custody for making obscene calls to a neighbor’s house.
Its failure to provide any discernible standard for the measurement of due process in relation to juvenile proceedings unfortunately might be understood to mean that the Court is concerned principally with the wisdom of having such courts at all.If this is the source of the Court's dissatisfaction, I cannot share it. . 3. .
He cannot be judged by the more exacting standards of maturity.
Its premise is ultimately that courts may not substitute for the judgments of legislators their own understanding of the public welfare, but must instead concern themselves with the validity under the Constitution of the methods which the legislature has selected. Another way to prevent getting this page in the future is to use Privacy Pass. There has been no careful collection of statistics of untrue confessions, nor has any great number of instances been even loosely reported . If counsel was not present for some permissible reason when an admission was obtained, the greatest care must be taken to assure that the admission was voluntary, in the sense not only that it was not coerced or suggested, but also that it was not the product of ignorance of rights or of adolescent fantasy, fright or despair. . It was all very constitutional. Assist in the collection of sums ordered paid for the support of children. "The informality of juvenile court hearings frequently leads to the admission of hearsay and unsworn testimony. Events follow one another in a manner that appears arbitrary and confusing to the uninitiated. . Indeed, in over half of the States, there is not even assurance that the juvenile will be kept in separate institutions, apart from adult "criminals." After the neighbor, Mrs. Cook filed charges, Gault and his friend were taken to the Juvenile Detention Home.
[In a recent case before the Juvenile Court of the District of Columbia, Judge Ketcham rejected the proffer of evidence as to oral statements made at police headquarters by four juveniles who had been taken into custody for alleged involvement in an assault and attempted robbery. [It is also urged, as the Supreme Court of Arizona here asserted, that the juvenile and presumably his parents should not be advised of the juvenile's right to silence because confession is good for the child as the commencement of the assumed therapy of the juvenile court process, and he should be encouraged to assume an attitude of trust and confidence toward the officials of the juvenile process. Indeed, one of the purposes of notice is to clarify the issues to be considered, and, as our discussion of the facts, For recent cases in the District of Columbia holding that there must be advice of the right to counsel, and to have counsel appointed if necessary, The section cited by the court, ARS § 8-204-C, reads as follows:"The probation officer shall have the authority of a peace officer.
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