Over the past century, attitudes toward juvenile crime have
alternated between rehabilitation and crime control, and even now
are being revised in response to increasing gang violence. But by
the 1960s, it had become obvious that juvenile offenders were being
deprived of fundamental rights, leading Supreme Court Justice
Fortas to declare that "neither the Fourteenth Amendment nor the
Bill of Rights is for adults alone."
"The Supreme Court and Juvenile Justice" takes in a century of
change to focus on how the Supreme Court brought the juvenile court
system under constitutional control. It describes in detail the
case of Gerald Gault, an Arizona teenager who was sent to reform
school for making an obscene phone call. Christopher Manfredi takes
readers behind the scenes in this case to review its progress
through the judicial system, discuss all pertinent briefs, and
analyze the Supreme Court's 1967 decision that Gault had been
denied due process.
As background to Gault, Manfredi also examines "Kent v. United
States" (1966), which involved a juvenile accused of rape and
robbery who was handed over to criminal court. He then reviews the
significant cases following Gault--notably "In re Winship" (1970)
and "McKeiver v. Pennsylvania" (1971)-and considers how the Supreme
Court's "constitutional domestication" of juvenile courts affected
further development of juvenile justice policy.
"In re Gault" was the first and most extensive decision imposing
constitutionally-derived standards of due process on juvenile
courts; yet it has received little attention in the literature
because of its lack of drama and visibility. In showing how
juvenile court reform became part of the constitutional agenda of
the 1960s, Manfredi demonstrates why Gault became the principal
vehicle for carrying out that reform and provides a means for
better understanding the nature and limitations of social reform
litigation.
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