The Champion

April 2017 , Page 22 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Moving Forward From Gault

By Casey McGowan, Whitney Untiedt, and Randee Waldman

In_Re_Gault_50th 

I.   Introduction

In re Gault held — for the first time in American history — that juveniles facing an adjudication of delinquency are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. Twenty-first century juvenile justice jurisprudence has focused primarily on the Eighth Amendment, with the U.S. Supreme Court and state high courts across the country applying the “cruel and unusual” analysis to life sentences for juveniles. Courts have held that the evolving standards of decency and the growing understanding of adolescent development require that judges adopt individualized sentencing schemes to determine the most appropriate punishment for juveniles convicted in adult court.

It is time to get back to the original premise of Gault and Fourteenth Amendment protections. This article will argue that the same reasoning courts have applied to postconviction proceedings must be applied at the trial level: Kids are fundamentally

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad