[Congressional Record (Bound Edition), Volume 153 (2007), Part 9]
[Senate]
[Page 12258]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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   SENATE RESOLUTION 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

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

                              S. Res. 194

       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.

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