USSC- In ReGault Gerry Gault, age 15, was picked up by police and taken from his home to a juvenile detention center. He was not sure what he was in trouble for. His parents were at work. The police did not call to tell them what was happening to their son. After they finally tracked him down and rushed to take him home, his parents were told he would not be released. He would have to spend the night in a juvenile home ( much like jail for kids). Gerry and his parents were still not told what the charges were against Gerry. They were told that a hearing would be held the next day.

At the hearing, the Gaults learned that their neighbor, Mrs. Cook, had called the police and complained that Gerry made an obscene phone call to her home. Mrs. Cook did not show up for the hearing. Instead, a police officer testified about what Mrs. Cook had said. Gerry blamed the call on a friend and said he did not make the obscene remark. There were no lawyers present and no record was made of the court testimony.

Gerry and his family attended a second hearing six days later. Again, no records were kept of the proceedings and the neighbor who accused him did not attend the hearing. At a third meeting with the judge, the hearing officer said that Gerry had admitted making the call at the previous two hearings. Gerry and his parents denied this, but there was no record to prove that either side was right.

The juvenile court did not all juries. Instead, the judge decided the punishment. The judge found that Gerry was delinquent and ordered him to a state reform school where he would have to stay until he was a legal adult, which would be when he turned 21 years old. If an adult in the same state had been found guilty of making an obscene phone call, he would have been either fined $50.00 or sent to county jail for no longer than 60 days.

Instructions:

Pretend you are Gerry's attorney. You are making an argument for Gerry that relates to his rights according to the 5th, 6th, 8th, and 14th amendment.

HINT: There may be more than one violation found in each amendment.

Read the rights contained in the 5th amendment

1. Which rights/ principles were violated in the 5th amendment? Explain how these rights were violated.

Read the rights contained in the 6th amendment

2. Which rights/principles were violated in the 6th amendment? Explain how these rights were violated.

Read the rights contained in the 8th amendment

3. Which rights/principles were violated in the 8th amendment? Explain how these rights were violated.

Read the rights contained in the 14th amendment

4. Which rights/principles were violated in the 14th amendment? Explain how these rights were violated.