Gault, 40 Years Later: Are We There Yet?

44 Criminal Law Bulletin 413 (2008)

U of Houston Law Center No. 2014-A-51

19 Pages Posted: 15 Jun 2014

See all articles by Ellen Marrus

Ellen Marrus

University of Houston Law Center

Date Written: 2008

Abstract

The landmark decision of In re Gault offered juveniles several constitutional protections, the most important being the right to counsel. For without legal counsel, children who are facing the maze of the juvenile courts would likely be unable to obtain and protect the other constitutional rights granted under Gault or, for that matter, any other rights granted by the Court. This article discusses the rationale given by the Court for granting juveniles the right to counsel, when minors should have an attorney, the right to waive counsel and indigence determinations.

Keywords: Juvenile justice, Juvenile right to counsel, right to counsel, Gault, waiver of counsel, indigency determinations, representation of juveniles

Suggested Citation

Marrus, Ellen, Gault, 40 Years Later: Are We There Yet? (2008). 44 Criminal Law Bulletin 413 (2008), U of Houston Law Center No. 2014-A-51, Available at SSRN: https://ssrn.com/abstract=2450171

Ellen Marrus (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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