NACDL - Moving Forward From Gault

Moving Forward From Gault

The authors proclaim that it is time to get back to the original premise of In re Gault and Fourteenth Amendment protections. They argue that the same reasoning courts have applied to postconviction proceedings must be applied at the trial level: Children are fundamentally different from adults, and these differences require enhanced procedural protections at all phases of prosecution — in delinquency court as well as in cases that are transferred to the adult system.