¶ … Gault
Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378.
Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right to silence and without his parents present. At no time were the boy or his parents advised that the boy had the right to counsel. When the mother went to the juvenile facility where her son was being detained, she was advised that he was being held because of obscene phone calls and that a hearing would occur the next day. At the hearing in the Juvenile Court, a petition was filed stating that the boy was a delinquent minor. The petition was not served on the boy or his parents and did not contain any factual allegations to support the charge that the boy was delinquent. The complainant was not at the hearing and did not testify against the boy. No witnesses were sworn in at the hearing. At the hearing, a police officer testified that the boy, while being questioned without an attorney or his parents present had admitted to making the obscene phone calls. The Gila County Juvenile Court committed the boy as a juvenile delinquent to the Arizona State Industrial School until he turned 21. Appellants filed...
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