Parnes Patriae Case

First we will cover the Parens Patriae, A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf. such as mental ill persons, children, and there individuals that are legally incompetent to manage their affairs. Then secondly we will get into a phone call that took place on June 8, 1964 which will bring up, the In re Gault case and the decision that was made by the U.S. Supreme Court upon this incident. First thing about the Parens Patriae is that this doctrine is grants the inherent power and authority of the state to protect the people who are legally unable to act on their own behalf. In the United States, this doctrine was most useful to children, mentally ill people, and individuals that are legally incompetent to manage their affairs. The Parens Patriae has its roots in the …show more content…
Supreme court made a decision back in 1964 upon a case called the In re Gault this case was against a 15 year old boy named Gerald Gault who was accused of a obscene phone call to his neighbor Mrs. Cook on June 8, 1964. Gerald Francis Gault, had previously been placed on probation. The police did not leave notice with Gault's parents, who were at work, when the youth was arrested. After proceedings before a juvenile court judge, Gault was committed to the State Industrial School until he reached the age of 21. Gerald Gault and this case ended in a decision 8 votes for Gault and 1 vote against, the legal provision was considered Due process. Which the proceedings of the Juvenile Court failed to comply with the Constitution “Fourteenth Amendment”. These requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross- examination at the hearings, and adequate safeguards against self- incrimination. The Court found that the procedures used in Gault's case met none of these