Grades 7-9
Juvenile Justice: The Case of Gerry Gault
Objectives
As a result of this lesson, students will
- Learn about the events that led to the case In re Gault.
- Recognize the importance of In re Gault to juvenile rights and juvenile court
proceedings.
Procedures
- Give each student a copy of Handout 1 to read. Then ask
students to define the words hearings, charges, testifies, record,
testimony, and delinquent as they are used in the text. Help them with any
they cannot define.
- Ask students, Who was involved in the case? What happened? On the board,
make two columns with the headings Fair and Unfair. Ask students what they
would list in each column. Write some of their responses.
- Divide the class into groups of three. Each group appoints a recorder to make a chart
like the one on the board. Ask each group to discuss and identify the fair and unfair
things that happened to Gerry Gault. Example:
Fair
A juvenile court judge heard his case.
Mrs. Cook complained.
Gerry was not held in adult jail.
Unfair
The police didnt call his parents first.
Mrs. Cook didnt show up in court.
The punishment was too harsh.
- Have the groups take turns giving their ideas about what was fair or unfair. List all
their responses on the board. Discuss why students thought these events were fair or
unfair. Ask them, Do you think the overall result of this case was unfair?
Mark entries in the Unfair column that students think are the most unfair and
should be changed.
- Point out that Gerrys parents also thought their sons case was handled
unfairly and that he had been denied his due process rights so they appealed the case.
Discuss the terms appeal and due process. Explain that due process means
that legal proceedings must be carried out according to established rules and principles
in order to be fair. Point out to students that they have already decided that
Gerrys case was unfair. Ask them, Do you think Gerry received due process of
law? Why or why not?
- Explain that eventually Gerrys case went to the Supreme Court. Refer students back
to their list of fair and unfair actions. Ask them, What issue do you think the U.S.
Supreme Court had to decide in Gerrys case? Explain that the question before
the Court was Were Gerrys Fifth Amendment due process rights
violated?
- Give each student a copy of Handout 2 to read. Then
review the rights now accorded to juveniles based on Gerrys case, In re Gault.
Make sure students understand what each right means.
- To check students understanding, have them answer these questions: What events led
to the case In re Gault? Why did the case go the Supreme Court? What did the
Supreme Court decide and why? How did the Supreme Court decision affect juveniles in
juvenile court?
Adapted from Save Our Streets: A Positive Choices Curriculum, a program of
Street Law, Inc. and The Conflict Resolution Education Network, by permission of the
publisher.
>>The Case of Gerry Gault
>>The Case of Gerry Gault: Handout 1
>>Supreme Court Decision in In Re Gault:
Handout 2
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