[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 194 Agreed to Senate (ATS)]







110th CONGRESS
  1st Session
S. RES. 194

Commemorating the 40th anniversary of the landmark case In re Gault, et 
   al., in which the Supreme Court held that all children accused of 
 delinquent acts and facing a proceeding in which their freedom may be 
   curtailed have a right to counsel in the proceedings against them.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2007

    Mr. Kennedy (for himself and Mr. Smith) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
Commemorating the 40th anniversary of the landmark case In re Gault, et 
   al., in which the Supreme Court held that all children accused of 
 delinquent acts and facing a proceeding in which their freedom may be 
   curtailed have a right to counsel in the proceedings against them.

Whereas, on May 15, 1967, the Supreme Court recognized in In re Gault, et al., 
        387 U.S. 1 (1967) that all children accused of delinquent acts and 
        facing a proceeding in which their freedom may be curtailed have a right 
        to counsel in the proceedings against them;
Whereas the Supreme Court held that proceedings against juveniles must meet the 
        essential requirements of the due process clause of the 14th amendment 
        to the Constitution;
Whereas the Gault decision recognized that the constitutional protections of due 
        process extend to juveniles the right to fundamental procedural 
        safeguards in juvenile courts, including the right to advance notice of 
        the charges against them, the right to counsel, the privilege against 
        self-incrimination, and the right to confront and cross-examine 
        witnesses; and
Whereas, 40 years after the Gault decision, some children appear in court with 
        no legal counsel at all: Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes and honors the 40th anniversary of the 
        decision in In re Gault, et al., 387 U.S. 1 (1967);
            (2) encourages all people of the United States to recognize 
        and honor the 40th anniversary of the Gault decision;
            (3) supports strategies to improve the juvenile justice 
        system that appreciate the unique nature of childhood and 
        adolescence; and
            (4) pledges to acknowledge and address the modern day 
        disparities that remain for children after the Gault decision.
                                 <all>