When Are We Going to Launch Gault 2.0?

Dr. Antoinette Kavanaugh, a forensic clinical psychologist, believes that empirical evidence can be used to demonstrate that the law should evolve beyond In re Gault. She presents research lawyers can use in individual cases to argue for — using the vernacular of today’s world — implementation of Gault 2.0. A court operating under Gault 2.0 would rely on recent research and conclude that counsel should be provided not merely during delinquency proceedings but throughout the juvenile’s involvement in the criminal justice system. Pursuant to Gault 2.0, a court would also address the need for “competency to stand trial” decisions to reflect empirical findings.