This Article examines the Supreme Court’s landmark In re Gault decision of 1967, in which the Supreme Court ushered in the “due process era” of juvenile justice in America by determining that juveniles were entitled to the right to counsel and other procedural safeguards during delinquency proceedings. But this Article continues with a critical focus on the impact of the decision today, examining a dichotomy between what was declared a “revolution in children’s rights,” and how youth in the criminal justice system still have not seen the extent of constitutional protections declared necessary by Gault. Arguing that Gault has never been fully implemented, the Article offers two explanations for its stunted application, stating neither of which was within the Gault Court’s control. Finally, it considers more recent juvenile sentencing decisions in light of the post-Gault era, outlining the conclusion that comprehensive, lasting juvenile justice reform must be sought in state legislatures.
Cara H. Drinan, Conversations on the Warren Court's Impact on Criminal Justice: In Re Gault at 50, 49 STETSON L. REV. 433 (2020).