Gault, 40 Years Later: Are We There Yet?

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