Home > West's Encyclopedia of American Law > Gault, In re

Originally, juvenile court was a place for the informal resolution of a broad range of matters concerning children. The hearings were not adversarial. Instead, they focused on the juvenile's best interests. A juvenile was brought to the juvenile court, the prosecution presented evidence, the juvenile and other witnesses gave testimony, and the juvenile court judge made a decision based on the perceived best interests of the juvenile.

In the same spirit of informality, juvenile courts provided fewer procedural protections than did adult courts. Juveniles did not have the right to a court-appointed attorney or to notice of charges of criminal behavior. They did not have the right to confront accusers and cross-examine witnesses. They did not have the right to a written record of the proceedings or to appeal the juvenile court judgment.

The problem with this lack of procedural protections was that a juvenile risked losing his...