gault argued december decided may appellants son gerald gault taken custody result complaint made lewd telephone calls hearings juvenile judge gerald ordered committed state industrial school juvenile delinquent reach majority appellants brought habeas corpus action state courts challenge constitutionality arizona juvenile code procedure actually used gerald case ground denial various procedural due process rights state affirmed dismissal writ agreeing constitutional guarantee due process applies proceedings juveniles charged delinquents held arizona juvenile code impliedly includes requirements due process delinquency proceedings due process requirements offended procedure leading gerald commitment held kent held waiver hearing must measure essentials due process fair treatment view reiterated connection juvenile adjudication delinquency requirement part due process clause fourteenth amendment constitution holding case relates adjudicatory stage juvenile process commitment state institution may follow proceedings may result incarceration institution confinement extraordinary constitution require procedural regularity exercise care implied phrase due process pp due process requires proceedings adequate written notice afforded child parents guardian notice must inform specific issues must meet must given earliest practicable time event sufficiently advance hearing permit preparation notice neither timely adequately specific waiver right constitutionally adequate notice pp proceedings child parents must advised right represented counsel unable afford counsel counsel appointed represent child gault statement habeas corpus hearing known employ counsel intentional relinquishment abandonment fully known right pp constitutional privilege applicable proceedings admission juvenile may used absence clear unequivocal evidence admission made knowledge obliged speak penalized remaining silent availability privilege turn upon type proceeding protection invoked upon nature statement admission exposure invites uvenile proceedings determine delinquency may lead commitment state institution must regarded criminal purposes privilege furthermore experience shown admissions confessions juveniles require special caution reliability voluntariness indeed surprising privilege available hardened criminals children pecial problems may arise respect waiver privilege behalf children may well differences technique principle depending upon age child presence competence parents counsel present permissible reason admission obtained greatest care must taken assure admission voluntary gerald admissions measure standards properly used basis judgment pp absent valid confession juvenile proceedings must afforded rights confrontation sworn testimony witnesses available pp questions raised appellants including absence provision appellate review delinquency adjudication transcript proceedings ruled upon pp norman dorsen argued cause appellants brief melvin wulf amelia lewis daniel rezneck frank parks assistant attorney general arizona argued cause appellee pro hac vice special leave brief darrell smith attorney general merritt green argued cause ohio association juvenile judges amicus curiae urging affirmance brief leo chimo kansas association probate juvenile judges joined appellee brief brief ohio association juvenile judges briefs amici curiae urging reversal filed michael getty james doherty marshall hartman national legal aid defender association edward carr nanette dembitz legal aid society citizens committee children new york nicholas kittrie filed brief american parents committee amicus curiae justice fortas delivered opinion appeal judgment arizona affirming dismissal petition writ habeas corpus petition sought release gerald francis gault appellants son committed juvenile delinquent state industrial school juvenile gila county arizona arizona affirmed dismissal writ various arguments included attack upon constitutionality arizona juvenile code alleged denial procedural due process rights juveniles charged delinquents agreed constitutional guarantee due process law applicable proceedings held arizona juvenile code read impliedly implementing due process concept proceeded identify describe particular elements constitute due process juvenile hearing concluded proceedings ending commitment gerald gault offend requirements agree reverse begin statement facts time gerald picked mother father work notice gerald taken custody left home steps taken advise son effect arrested gerald taken children detention home mother arrived home gerald gerald older brother sent look trailer home lewis family apparently learned gerald custody informed mother two went detention home deputy probation officer flagg also superintendent detention home told gault jerry said hearing held juvenile following day june officer flagg filed petition hearing day june served gaults indeed none saw petition habeas corpus hearing august petition entirely formal made reference factual basis judicial action initiated recited said minor age eighteen years need protection honorable said minor delinquent minor prayed hearing order regarding care custody said minor officer flagg executed formal affidavit support petition june gerald mother older brother probation officers flagg henderson appeared juvenile judge chambers gerald father work city cook complainant one sworn hearing transcript recording made memorandum record substance proceedings prepared information proceeding subsequent hearing june derives entirely testimony juvenile judge gault officer flagg habeas corpus proceeding conducted two months later appears june hearing gerald questioned judge telephone call conflict said mother recalled gerald said dialed cook number handed telephone friend ronald officer flagg recalled gerald admitted making lewd remarks judge mcghee testified gerald admitted making one lewd statements conclusion hearing judge said think gerald taken back detention home sent home parents june detained since june gerald released driven home explanation record kept detention home released day gerald release gault received note signed officer flagg plain paper entire text follows gault judge mcghee set monday june date time hearings gerald delinquency flagg june hearing referral report made probation officers filed although disclosed gerald parents listed charge lewd phone calls conclusion hearing judge committed gerald juvenile delinquent state industrial school period minority unless sooner discharged due process law order effect entered recites full hearing due deliberation finds said minor delinquent child said minor age years appeal permitted arizona law juvenile cases august petition writ habeas corpus filed arizona referred superior hearing habeas corpus hearing august judge mcghee vigorously basis actions testified taken account fact gerald probation asked section code found boy delinquent answer set forth margin substance concluded gerald came within ars specifies delinquent child includes one violated law state ordinance regulation political subdivision thereof law gerald found violated ars section arizona criminal code provides person presence hearing woman child uses vulgar abusive obscene language guilty misdemeanor penalty specified criminal code apply adult imprisonment two months judge also testified acted ars includes definition delinquent child one judge phrased habitually involved immoral matters asked basis conclusion gerald habitually involved immoral matters judge testified somewhat vaguely two years earlier july referral made concerning gerald boy stolen baseball glove another boy lied police department judge said hearing accusation relating incident lack material foundation seems remained mind relevant factor judge also testified gerald admitted making nuisance phone calls past judge recalled boy testimony silly calls funny calls something like superior dismissed writ appellants sought review arizona stated considered appellants assignments error urging juvenile code ars unconstitutional require parents children apprised specific charges require proper notice hearing provide appeal proceedings order relating gerald constituted denial due process law absence adequate notice charge hearing failure notify appellants certain constitutional rights including rights counsel confrontation privilege use unsworn hearsay testimony failure make record proceedings appellants asserted error juvenile remove gerald custody parents without showing finding unsuitability alleged miscellany errors state law handed elaborate opinion affirming dismissal writ stating conclusions issues raised appellants aspects juvenile process jurisdictional statement brief appellants urge upon us points passed upon arizona urge hold juvenile code arizona invalid face applied case contrary due process clause fourteenth amendment juvenile taken custody parents committed state institution pursuant proceedings juvenile virtually unlimited discretion following basic rights denied notice charges right counsel right confrontation privilege right transcript proceedings right appellate review ii heretofore decided precise question kent considered requirements valid waiver exclusive jurisdiction juvenile district columbia juvenile tried adult criminal district although decision turned upon language statute emphasized necessity basic requirements due process fairness satisfied proceedings haley ohio involved admissibility state criminal general jurisdiction confession boy held fourteenth amendment applied prohibit use coerced confession justice douglas said neither man child allowed stand condemned methods flout constitutional requirements due process law effect gallegos colorado accordingly cases relate restricted aspects subject unmistakably indicate whatever may precise impact neither fourteenth amendment bill rights adults alone opinion consider impact constitutional provisions upon totality relationship juvenile state even consider entire process relating juvenile delinquents example concerned procedures constitutional rights applicable stages juvenile process direct attention dispositional process see note infra consider problems presented us case relate proceedings determination made whether juvenile delinquent result alleged misconduct part consequence may committed state institution proceedings appears little current dissent proposition due process clause role play problem ascertain precise impact due process requirement upon proceedings inception juvenile system wide differences tolerated indeed insisted upon procedural rights accorded adults juveniles practically jurisdictions rights granted adults withheld juveniles addition specific problems involved present case example held juvenile entitled bail indictment grand jury public trial trial jury frequent practice rules governing arrest interrogation adults police observed case juveniles history theory underlying development recapitulation necessary purposes opinion juvenile movement began country end last century juvenile statute adopted illinois system spread every state union district columbia puerto rico constitutionality juvenile laws sustained jurisdictions variety attacks early reformers appalled adult procedures penalties fact children given long prison sentences mixed jails hardened criminals profoundly convinced society duty child confined concept justice alone believed society role ascertain whether child guilty innocent become best done interest interest state save downward career child essentially good saw made feel object state care solicitude arrest trial rules criminal procedure therefore altogether inapplicable apparent rigidities technicalities harshness observed substantive procedural criminal law therefore discarded idea crime punishment abandoned child treated rehabilitated procedures apprehension institutionalization clinical rather punitive results achieved without coming conceptual constitutional grief insisting proceedings adversary state proceeding parens patriae latin phrase proved great help sought rationalize exclusion juveniles constitutional scheme meaning murky historic credentials dubious relevance phrase taken chancery practice however used describe power state act loco parentis purpose protecting property interests person child trace doctrine history criminal jurisprudence common law children seven considered incapable possessing criminal intent beyond age subjected arrest trial theory punishment like adult offenders old days state deemed authority accord fewer procedural rights adults right state parens patriae deny child procedural rights available elders elaborated assertion child unlike adult right liberty custody made attorn parents go school etc parents default effectively performing custodial functions child delinquent state may intervene deprive child rights none merely provides custody child entitled basis proceedings involving juveniles described civil criminal therefore subject requirements restrict state seeks deprive person liberty accordingly highest motives enlightened impulses led peculiar system juveniles unknown law comparable context constitutional theoretical basis peculiar system say least debatable practice remarked kent case supra results entirely satisfactory juvenile history demonstrated unbridled discretion however benevolently motivated frequently poor substitute principle procedure dean pound wrote powers star chamber trifle comparison juvenile courts absence substantive standards necessarily meant children receive careful compassionate individualized treatment absence procedural rules based upon constitutional principle always produced fair efficient effective procedures departures established principles due process frequently resulted enlightened procedure arbitrariness chairman pennsylvania council juvenile judges recently observed unfortunately loose procedures methods crowded calendars either singly combination often resulted depriving juveniles fundamental rights resulted denial due process failure observe fundamental requirements due process resulted instances might avoided unfairness individuals inadequate inaccurate findings fact unfortunate prescriptions remedy due process law primary indispensable foundation individual freedom basic essential term social compact defines rights individual delimits powers state may exercise justice frankfurter said history american freedom small measure history procedure addition procedural rules fashioned generality due process best instruments distillation evaluation essential facts conflicting welter data life adversary methods present instruments due process enhance possibility truth emerge confrontation opposing versions conflicting data procedure law scientific method science claimed juveniles obtain benefits special procedures applicable offset disadvantages denial substance normal due process shall discuss observance due process standards intelligently ruthlessly administered compel abandon displace substantive benefits juvenile process important think claimed benefits juvenile process candidly appraised neither sentiment folklore cause us shut eyes example startling findings reported exceptionally reliable study repeaters recidivism conducted stanford research institute president commission crime district columbia commission report fiscal approximately percent juveniles referred youth aid division previously percent receiving home repeaters sri study revealed percent sample juvenile referrals previously referred least percent referred least twice beyond frequently said juveniles protected process disclosure deviational behavior arizona phrased present case summary procedures juvenile courts sometimes defended statement law policy hide youthful errors full gaze public bury graveyard forgotten past claim secrecy however rhetoric reality disclosure records discretionary judge jurisdictions statutory restrictions almost invariably apply records even evidence many courts routinely furnish information fbi military request government agencies even private employers importance police records police keep complete file juvenile police contacts complete discretion disclosure juvenile records police departments receive requests information fbi agencies armed forces social service agencies generally comply private employers word application forms produce information concerning juvenile arrests proceedings jurisdictions information concerning juvenile police contacts furnished private employers well government agencies event reason consistently due process state continue deems appropriate provide improve provision confidentiality records police contacts action relating juveniles interesting note however arizona used confidentiality argument justification type notice attacked inadequate due process purposes parents given merely general notice child charged delinquency facts specified arizona held however shall discuss addition general notice child parents must advised facts involved case later initial hearing judge obviously bury word child transgressions merely defers time disclosure point limited use child parents preparing defense explanation urged juvenile benefits informal proceedings early conception juvenile proceeding one fatherly judge touched heart conscience erring youth talking problems paternal advice admonition extreme situations benevolent wise institutions state provided guidance help save downward career goodwill compassion admirably prevalent recent studies surprising unanimity entered sharp dissent validity gentle conception suggest appearance well actuality fairness impartiality orderliness short essentials due process may impressive therapeutic attitude far juvenile concerned example recent study sociologists wheeler cottrell observe procedural laxness parens patriae attitude followed stern disciplining contrast may adverse effect upon child feels deceived enticed conclude follows unless appropriate due process law followed even juvenile violated law may feel fairly treated may therefore resist rehabilitative efforts personnel course suggested juvenile judges fail appropriately take account demeanor conduct emotional psychological attitude juveniles confronted due process requirements instances introduce degree order regularity juvenile proceedings determine delinquency contested cases introduce elements adversary system nothing require conception kindly juvenile judge replaced opposite rule upon question whether ordinary due process requirements must observed respect hearings determine disposition delinquent child ultimately however confront reality portion juvenile process deal case boy charged misconduct boy committed institution may restrained liberty years constitutional consequence limited practical meaning institution committed called industrial school fact matter however euphemistic title receiving home industrial school juveniles institution confinement child incarcerated greater lesser time world becomes building whitewashed walls regimented routine institutional hours instead mother father sisters brothers friends classmates world peopled guards custodians state employees delinquents confined anything waywardness rape homicide view extraordinary constitution require procedural regularity exercise care implied phrase due process constitution condition boy justify kangaroo traditional ideas juvenile procedure indeed contemplated time available care used establish precisely juvenile prank adolescence brutal act threatening serious consequences society unless corrected traditional notions one assume case like gerald gault juvenile appears home working mother father older brother juvenile judge made careful inquiry judgment possibility boy disciplined dealt home despite previous transgressions indeed far appears record us except conversation gerald school work wanting go grand canyon father points judge directed attention little different involved determining charge violation penal statute essential difference gerald case normal criminal case safeguards available adults discarded gerald case summary procedure well long commitment possible gerald years age instead gerald subject juvenile proceedings particular offense immediately involved maximum punishment fine imprisonment jail two months instead committed custody maximum six years committed offense sentence might apply entitled substantial rights constitution well arizona laws constitution constitution guarantee rights protections respect arrest search seizure pretrial interrogation assure specific notice charges adequate time decide course action prepare defense entitled clear advice represented counsel least felony involved state required provide counsel parents unable afford acted basis confession careful procedures required assure voluntariness case went trial confrontation opportunity guaranteed wide gulf state treatment adult child requires bridge sturdier mere verbiage reasons persuasive cliche provide wheeler cottrell put rhetoric juvenile movement developed without necessarily close correspondence realities institutional routines kent supra stated juvenile judge exercise power state parens patriae unlimited said admonition function parental relationship invitation procedural arbitrariness respect waiver juvenile adult jurisdiction offense committed youth said place system law reaching result tremendous consequences without ceremony without hearing without effective assistance counsel without statement reasons announced respect waiver proceedings mean indicate hearing held must conform requirements criminal trial even usual administrative hearing hold hearing must measure essentials due process fair treatment reiterate view connection juvenile adjudication delinquency requirement part due process clause fourteenth amendment constitution turn specific issues presented us present case iii appellants allege arizona juvenile code unconstitutional alternatively proceedings juvenile constitutionally defective failure provide adequate notice hearings notice given gerald parents taken custody monday june night gault went detention home orally informed hearing next afternoon told reason gerald custody written notice gerald parents received time note plain paper officer flagg delivered thursday friday june effect judge set monday june hearings gerald delinquency petition filed june officer flagg reciting informed believed said minor delinquent minor necessary order made honorable said minor welfare applicable arizona statute provides petition filed juvenile alleging general terms child neglected dependent delinquent statute explicitly general allegation sufficient without alleging facts requirement petition served served upon given shown gerald parents arizona rejected appellants claim due process denied inadequate notice stated gault knew exact nature charge gerald day taken detention home also pointed gaults appeared two hearings without objection held policy juvenile law hide youthful errors full gaze public bury graveyard forgotten past advance notice specific charges basis taking juvenile custody hearing necessary held appropriate rule infant parent guardian receive petition reciting conclusion delinquency later initial hearing judge must advised facts involved case charges denied must given reasonable period time prepare agree conclusion adequate notice given case notice comply due process requirements must given sufficiently advance scheduled proceedings reasonable opportunity prepare afforded must set forth alleged misconduct particularity obvious discussed purpose shielding child public stigma knowledge taken custody scheduled hearing served procedure approved initial hearing present case hearing merits notice time timely even conceivable purpose served deferral proposed yield requirements child parents guardian notified writing specific charge factual allegations considered hearing written notice given earliest practicable time event sufficiently advance hearing permit preparation due process law requires notice sort described notice deemed constitutionally adequate civil criminal proceeding allow hearing held youth freedom parents right custody stake without giving timely notice advance hearing specific issues must meet circumstances case reasonably said requirement notice waived iv appellants charge juvenile proceedings fatally defective advise gerald parents right counsel proceeded hearing adjudication delinquency order commitment absence counsel child parents express waiver right thereto arizona pointed disagreement among various jurisdictions whether must advise infant right counsel noted decision arizona state dept public welfare barlow effect parents infant juvenile proceeding denied representation counsel choosing emphasis added referred provision juvenile code characterized requiring probation officer shall look interests neglected delinquent dependent children including representing interests argued parent probation officer may relied upon protect infant interests accordingly rejected proposition due process requires infant right counsel said juvenile courts discretion duty allow representation referred specifically situation juvenile discerns conflict child parents instance discretion might exercised agree probation officers arizona scheme also arresting officers initiate proceedings file petitions verify alleging delinquency child testify child probation officer also superintendent detention home probation officer act counsel child role adjudicatory hearing statute fact arresting officer witness child judge represent child material difference respect adult juvenile proceedings sort involved adult proceedings contention foreclosed decisions proceeding issue whether child found delinquent subjected loss liberty years comparable seriousness felony prosecution juvenile needs assistance counsel cope problems law make skilled inquiry facts insist upon regularity proceedings ascertain whether defense prepare submit child requires guiding hand counsel every step proceedings kent supra indicated agreement appeals district columbia circuit assistance counsel essential purposes waiver proceedings hold equally essential determination delinquency carrying awesome prospect incarceration state institution juvenile reaches age last decade decisions experts legislatures demonstrated increasing recognition view least statutes provide right representation retained counsel juvenile delinquency proceedings notice right assignment counsel combination rules similar provisions president crime commission recently recommended order assure procedural justice child necessary counsel appointed matter course wherever coercive action possibility without requiring affirmative choice child parent stated authoritative standards juvenile family courts published children bureau department health education welfare component part fair hearing required due process guaranteed amendment notice right counsel required hearings counsel provided upon request family financially unable employ counsel standards act declares minors right assistance counsel choosing law guardians neglect proceedings article three proceedings determine juvenile delinquency whether person need supervision article seven declaration based finding counsel often indispensable practical realization due process law may helpful making reasoned determinations fact proper orders disposition conclude due process clause fourteenth amendment requires respect proceedings determine delinquency may result commitment institution juvenile freedom curtailed child parents must notified child right represented counsel retained unable afford counsel counsel appointed represent child habeas corpus proceeding gault testified knew appeared counsel juvenile hearing knowledge waiver right counsel juvenile son defined right expressly advised might retain counsel confronted need specific consideration whether choose waive right unable afford employ counsel entitled view seriousness charge potential commitment appointed counsel unless chose waiver gault knowledge employ counsel intentional relinquishment abandonment fully known right appellants urge writ habeas corpus granted denial rights confrontation juvenile hearings privilege observed juvenile judge testified habeas corpus hearing proceeded basis gerald admissions two hearings appellants attack ground admissions obtained disregard privilege confession disregarded appellants argue delinquency conclusion since fundamentally based finding gerald made lewd remarks phone call cook fatally defective failure accord rights confrontation due process clause fourteenth amendment federal constitution guarantees state proceedings generally first question whether gerald admission improperly obtained relied basis decision conflict federal constitution purpose necessary briefly recall relevant facts cook complainant recipient alleged telephone call called witness gerald mother asked juvenile judge cook present judge replied present far appears cook spoken officer flagg telephone judge speak occasion gerald questioned probation officer taken custody exact circumstances questioning appear admissions gerald may made time appear record gerald also questioned juvenile judge two hearings judge testified habeas corpus proceeding gerald admitted making lewd statements serious lewd statements conflict uncertainty among witnesses habeas corpus proceeding juvenile judge gault probation officer gerald admit shall assume gerald made admissions sort described juvenile judge quoted neither gerald parents advised testify make statement incriminating statement might result commitment delinquent arizona rejected appellants contention gerald right advised need incriminate said think necessary flexibility individualized treatment enhanced rule require judge advise infant privilege reviewing conclusion arizona emphasize concerned proceeding determine whether minor delinquent may result commitment state institution specifically question whether proceeding admission juvenile may used absence clear unequivocal evidence admission made knowledge obliged speak penalized remaining silent light miranda arizona must also consider whether privilege available effectively waived unless counsel present right counsel waived long recognized eliciting use confessions admissions require careful scrutiny dean wigmore ground distrust confessions made certain situations rough indefinite way judicial experience careful collection statistics untrue confessions great number instances even loosely reported enough verified fortify conclusion based ordinary observation human conduct certain stresses person especially one defective mentality peculiar temperament may falsely acknowledge guilt possibility arises wherever innocent person placed situation untrue acknowledgment guilt time promising two alternatives obliged choose chooses risk may falsely acknowledging guilt preference worse alternative associated silence principle upon confession may excluded certain conditions testimonially untrustworthy essential feature principle exclusion testimonial one analogous principles exclude narrations untrustworthy transpired make us pause careful inquiry mature man involved mere child easy victim law us special care scrutinizing record must used age tender difficult age boy race judged exacting standards maturity leave man cold unimpressed overawe overwhelm lad early teens period great instability crisis adolescence produces lad questioned dead night relays police ready victim inquisition mature men possibly might stand ordeal midnight believe lad tender years match police contest needs counsel support become victim first fear panic needs someone lean lest overpowering presence law knows crush friend stood side boy police working relays questioned hour hour midnight dawn lawyer stood guard make sure police went far farther see stopped short point became victim coercion counsel friend called critical hours questioning privilege course related question safeguards necessary assure admissions confessions reasonably trustworthy mere fruits fear coercion reliable expressions truth roots privilege however far deeper tap basic stream religious political principle privilege reflects limits individual attornment state philosophical sense insists upon equality individual state words privilege broader deeper thrust rule prevents use confessions product coercion coercion thought carry danger unreliability one purposes prevent state whether force psychological domination overcoming mind person investigation depriving freedom decide whether assist state securing conviction indeed surprising privilege available hardened criminals children language fifth amendment applicable operation fourteenth amendment unequivocal without exception scope privilege comprehensive justice white concurring stated murphy waterfront commission privilege claimed proceeding criminal civil administrative judicial investigatory adjudicatory protects disclosures witness may reasonably apprehend used criminal prosecution lead evidence might used emphasis added authoritative standards juvenile family courts concludes whether transfer criminal possibility certain procedures always followed interviewed police child parents informed right legal counsel present refuse answer questions fingerprinted decide application juveniles right silence argued juvenile proceedings civil criminal therefore privilege apply true statement privilege fifth amendment applicable reason fourteenth amendment person shall compelled criminal case witness however also clear availability privilege turn upon type proceeding protection invoked upon nature statement admission exposure invites privilege may example claimed civil administrative proceeding statement may inculpatory entirely unrealistic carve fifth amendment statements juveniles ground lead criminal involvement first place juvenile proceedings determine delinquency may lead commitment state institution must regarded criminal purposes privilege hold otherwise disregard substance feeble enticement civil attached juvenile proceedings indeed half even assurance juvenile kept separate institutions apart adult criminals juveniles may placed transferred adult penal institutions found delinquent juvenile purpose least commitment deprivation liberty incarceration one whether called criminal civil constitution guarantees person shall compelled witness threatened deprivation liberty command broadly applied generously implemented accordance teaching history privilege great office mankind battle freedom addition apart equivalence purpose exposure commitment juvenile delinquent exposure imprisonment adult offender fact matter little assurance arizona juvenile apprehended interrogated police even juvenile remain outside reach adult courts consequence offense taken custody arizona provision made juvenile courts relinquish waive jurisdiction ordinary criminal courts present case gerald gault interrogated concerning violation section arizona criminal code certain juvenile judge decide suspend criminal prosecution adults proceeding adjudication juvenile also urged arizona asserted juvenile presumably parents advised juvenile right silence confession good child commencement assumed therapy juvenile process encouraged assume attitude trust confidence toward officials juvenile process proposition subjected widespread challenge basis current reappraisals rhetoric realities handling juvenile offenders fact evidence accumulating confessions juveniles aid individualized treatment put compelling child answer questions without warning advice right remain silent serve good purpose light observations wheeler cottrell others seems probable children induced confess paternal urgings part officials confession followed disciplinary action child reaction likely hostile adverse child may well feel led tricked confession despite confession punished authoritative opinion cast formidable doubt upon reliability trustworthiness confessions children observations haley ohio set forth recent decision new york appeals referred matters gregory gerald deals dramatic hoped extreme example two negro boys taken custody brutal assault rape two aged domestics one died result attack one boys schizophrenic locked security ward mental institution time attacks process may best described bizarre confession obtained police psychiatrist testified boy admit whatever thought expected get immediate situation also confessed confessions specific detail albeit contained various inconsistencies appeals opinion keating concluded confessions products police instead boys confessions therefore held involuntary order appellate division affirming order family adjudging defendants juvenile delinquents reversed similar equally instructive case recently decided new jersey interests carlo stasilowicz supra body girl found strangled neighborhood boys knew girl questioned two appellants aged confessed police vivid detail inconsistencies juvenile hearing denied complicity killing testified confessions product fear fatigue due extensive police grilling juvenile judge found confessions voluntary admissible appeal extensive opinion proctor new jersey reversed rejected state argument constitutional safeguard voluntariness governing use confessions apply proceedings juvenile pointed new jersey rules juveniles age accused committing homicide tried proceeding appurtenances criminal trial including participation county prosecutor requirements juvenile provided counsel stenographic record made etc also pointed new jersey law confinement boys reaching age extended served maximum sentence imposed adult homicide found murder carrying years imprisonment concluded confessions involuntary stressing boys contrary statute placed police station interrogated parents boys allowed see interrogated inconsistencies appeared among various statements boys objective evidence crime protracted periods questioning noted state contention boys advised constitutional rights made statements held given significant weight determination voluntariness accordingly judgment juvenile reversed recent case juvenile district columbia judge ketcham rejected proffer evidence oral statements made police headquarters four juveniles taken custody alleged involvement assault attempted robbery matter four youths nos juvenile district columbia april explicitly stated rest decision showing statements involuntary untrustworthy judge ketcham said simply stated decision case rests upon considered opinion nearly four busy years juvenile bench testimony thousands juveniles heard statements adolescents years age arrested charged violations law frequently untrustworthy often distort truth confession gerald gault first obtained officer flagg presence gerald parents without counsel without advising right silence far appears judgment juvenile stated judge based gerald admissions neither admission reduced writing say least process admissions obtained received must characterized lacking certainty order required proceedings formidable consequences apart admissions nothing upon judgment finding might based sworn testimony cook complainant present arizona held sworn testimony must required witnesses including police officers probation officers others part officially related juvenile structure hold enough reason suggested appears different rule respect sworn testimony juvenile courts adult tribunals absent valid confession adequate support determination juvenile confrontation sworn testimony witnesses available essential finding delinquency order committing gerald state institution maximum six years recommendations children bureau standards juvenile family courts general accord conclusions state testimony oath competent material relevant evidence rules applicable civil cases admitted evidence new york family act contains similar provision said kent respect waiver proceedings place system law reaching result tremendous consequences without ceremony hold absent valid confession determination delinquency order commitment state institution sustained absence sworn testimony subjected opportunity accordance law constitutional requirements vi appellants urge arizona statute unconstitutional due process clause construed right appeal juvenile order held right transcript right appeal proceedings confidential record must destroyed prescribed period time whether transcript recording made held matter discretion juvenile held state required federal constitution provide appellate courts right appellate review view fact must reverse arizona affirmance dismissal writ habeas corpus reasons need rule question present case upon failure provide transcript recording hearings indeed failure juvenile judge state grounds conclusion cf kent supra said context decision juvenile waiving jurisdiction adult local law permissible incumbent upon juvenile accompany waiver order statement reasons considerations therefor present case illustrates consequences failure provide appeal record proceedings make findings state grounds juvenile conclusion may throw burden upon machinery habeas corpus saddle reviewing process burden attempting reconstruct record impose upon juvenile judge unseemly duty testifying events transpired hearings reasons stated judgment arizona reversed cause remanded proceedings inconsistent opinion ordered footnotes conflict recollection gault officer flagg gault testified gerald released friday june officer flagg thursday june memory record note hereafter referred undated officer flagg also testified gerald questioned detention home admitted made lewd statements boy sought put blame conflicting testimony whether ronald accused gerald making lewd statements june hearing judge mcghee also testified gerald denied certain statements made hearing officer henderson right judge tell section law tell section code found boy delinquent well think amounts disturbing peace ca give section tell law one person uses lewd language presence another person amount consider person makes phone considered presence might wrong one section section upon consider boy delinquent section subsection habitually involved immoral matters ars section arizona juvenile code defines delinquent child reads delinquent child includes child violated law state ordinance regulation political subdivision thereof child reason incorrigible wayward habitually disobedient uncontrolled parent guardian custodian child habitually truant school home child habitually deports injure endanger morals health others example laws arizona allow arrest misdemeanor warrant obtained committed presence officer ars arizona held inapplicable case juveniles see ars relates specifically juveniles compare two brothers case liquor juv nos december opinion judge ketcham standards juvenile family courts children bureau pub hereinafter cited standards new york family act hereinafter cited family act also held judge may consider hearsay kind reasonable men accustomed rely serious affairs compare note juvenile delinquents police state courts individualized justice harv rev hereinafter cited harvard law review note informality juvenile hearings frequently leads admission hearsay unsworn testimony said close adherence strict rules evidence might prevent obtaining important facts child character condition child detriment assumption judge give normally inadmissible evidence proper weight also declared support evidentiary practices juvenile criminal importance hearsay rule overestimated allowing attorney make technical objections disrupt desired informality proceedings extent rules evidence merely technical historical like hearsay rule sound basis human experience rejected judicial inquiry juvenile judges los angeles tucson wisconsin rapids wisconsin report satisfied operation courts despite application unrelaxed rules evidence footnotes omitted ruled correct burden proof juvenile judge must persuaded clear convincing evidence infant committed alleged delinquent act compare preponderance evidence test family act maximum commitment three years cf harvard law review note see matters gregory gerald interests carlo stasilowicz people dotson cal pee app wissenburg bradley iowa bryant brown miss dendy wilson tex application johnson supp opinion four justices see report president commission law enforcement administration justice challenge crime free society hereinafter cited crime report pp standards gardner kent case juvenile challenge lawyers paulsen fairness juvenile offender rev ketcham legal renaissance juvenile nw rev allen borderland criminal justice pp harvard law review note note rights rehabilitation juvenile courts rev comment criminal offenders juvenile brickbats another proposal rev see kent see supra see national council juvenile judges directory manual number juvenile judges listed juvenile judges crime report indicates half judges undergraduate degree fifth college education fifth members bar devote less time juvenile matters see also mccune profile nation juvenile judges monograph george washington university center behavioral sciences detailed statistical study juvenile judges indicates additionally quarter judges law school training judges probation social work staff available eighty ninety percent available psychologist psychiatrist ibid observed good compassion similar virtues admirably prevalent throughout system expertise keystone whole venture lacking harvard law review note delinquency cases excluding traffic disposed courts involving children children juvenile statistics children bureau statistical series see paulsen kent constitutional context juvenile cases sup review julian mack juvenile harv rev paulsen op cit supra seems little early constitutional objection special procedures juvenile courts see waite far procedure socialized without impairing individual rights crim criminology must direct procedure even apparently something child done parted avowedly concerned something child needs gulf wide bridged humanity judge may introduce hearings habitual use corrective rather punitive methods conviction paulsen op cit supra hurley origin illinois juvenile law child clinic pp julian mack chancery procedure juvenile child clinic see shears legal problems peculiar children courts basic right juvenile liberty custody right someone take care parents afford custodial privilege law must ex parte crouse whart sup petition ferrier appendix opinion judge prettyman pee app lists authority jurisdictions effect even rules required due process civil proceedings however generally deemed compulsory proceedings affecting juveniles example constitutional requirements notice issues commonly apply civil cases commonly disregarded juvenile proceedings case illustrates evidence may grounds concern child receives worst worlds gets neither protections accorded adults solicitous care regenerative treatment postulated children citing handler juvenile adversary system problems function form rev harvard law review note various congressional materials set forth hand opinion much recent writing concentrate upon failures juvenile system live expectations founders observation crime report kept mind although shortcomings many results often disappointing juvenile justice system many cities operated people better educated highly skilled call better facilities services ancillary agencies refer clientele adult counterpart foreword young social treatment probation delinquency xxvii report commission civil rights law enforcement report equal protection south pp documents numerous instances local authorities used broad discretion afforded absence safeguards juvenile process punish intimidate obstruct youthful participants civil rights demonstrations see also paulsen juvenile courts family courts poor man rev lehman juvenile right counsel delinquency hearing juvenile judges journal compare observation late arthur vanderbilt chief justice new jersey foreword virtue basic structure children services michigan zeal care children neither juvenile judges welfare workers permitted violate constitution especially constitutional provisions due process involved moving child home indispensable elements due process first tribunal jurisdiction second notice hearing proper parties finally fair hearing three must present treat child individual human revert spite good intentions primitive days treated chattel warned system must degenerate star chamber proceeding judge imposing particular brand culture morals indigent people judge marion woodward letter reproduced social service review doctor bovet swiss psychiatrist monograph world health organization psychiatric aspects juvenile delinquency stated one definite conclusions investigation fields exist serious coercive measures applied flimsy objective evidence juvenile delinquency told judge amateur psychologist experimenting upon unfortunate children must appear neither attractive convincing figure harvard law review note impact denying fundamental procedural due process juveniles involved delinquency charges dramatized following considerations persons accounted arrests serious crimes crime report half arrests serious property offenses year children children came juvenile courts juvenile statistics children bureau statistical series one nine youths referred juvenile connection delinquent act excluding traffic offenses crime report cf also wheeler cottrell juvenile delinquency prevention control russell sage foundation report president commission crime district columbia hereinafter cited crime report furthermore juvenile crime apparently goes undetected formally punished wheeler cottrell supra observe lmost youngsters committed least one petty forms theft vandalism course adolescence see also crime report stated studies reveal perhaps percent young people committed least one act brought juvenile seems rate juvenile delinquency also steadily rising see crime report juvenile statistics supra pp new york juveniles represented counsel see infra substantial procedural rights afforded see nn infra fiscal year total juvenile proceedings involving boys dismissed failure proof hearing girls figures total new york judicial conference twelfth annual report pp juvenile may transferred adult penal institution juvenile found delinquent delinquent children penal institutions children bureau pub jurisdictions juvenile may subjected criminal prosecution offense served juvenile commitment however texas procedure effect recently held unconstitutional federal district judge habeas corpus action sawyer hauck supp tex juvenile may end criminal waiver harvard law review note malinski new york separate opinion foster social work law social action social casework july pp see note rights rehabilitation juvenile courts rev passim however substantial question whether fact pretension respect separate handling treatment children coincide see generally infra concerned procedure juvenile case noted extent special procedures juveniles thought justified special consideration treatment afforded reason doubt juveniles always receive benefits quid pro quo problem importance special care adjudicatory stage cf nn supra treatment see crime report pp crime report pp report refers district bankruptcy dispositional resources report observes department public welfare currently lacks even rudiments essential diagnostic clinical services wheeler cottrell juvenile delinquency prevention control russell sage foundation pp harvard law review note paulsen juvenile courts family courts poor man rev polier view bench cf also matter youth house report july term bronx county grand jury new york county bronx trial term part xii march cf new york times march high rate juvenile recidivism casts doubt upon adequacy treatment afforded juveniles see crime report crime report pp fact courts recently indicated appropriate treatment essential validity juvenile custody therefore juvenile may challenge validity custody ground fact receiving special treatment see creek stone app kautter reid supp white reid supp see also elmore stone app separate statement bazelon clayton stone app separate statement bazelon cf wheeler cottrell supra pp rich cf also rouse cameron app millard cameron app word delinquent today developed invidious connotations terminology process altered new descriptive phrase persons need supervision usually shortened pins harvard law review note family act distinguishes delinquents persons need supervision see arizona provision ars harvard law review note pp cf crime report pp ketcham unfulfilled promise juvenile crime delin harvard law review note pp see also respect problem confidentiality records note rights rehabilitation juvenile courts rev even privacy juvenile hearing always adequately protected mack juvenile harv rev juvenile delinquency prevention control russell sage foundation conclusion crime report similar increasing evidence informal procedures contrary original expectation may constitute obstacle effective treatment delinquent extent engender child sense injustice provoked seemingly challengeless exercise authority judges probation officers see also allen borderland criminal justice holmes appeal musmanno dissenting see also state sheerin governor ireland trimble stone supp allen borderland criminal justice pp cf juvenile code arizona ars however conclusions crime report pp concerning inadequacy social study records upon juvenile judge must make determination decide appropriate treatment juvenile judge testimony habeas corpus proceeding devoid meaningful discussion appears centered attention upon whether gerald made phone call used lewd words impressed fact gerald six months probation another boy allegedly stole purse different sort offense sharing feature gerald along even referred report said investigated accusation lack material foundation respect possible duty trial explore alternatives involuntary commitment civil proceeding cf lake cameron app arose statutes relating treatment mentally appellee brief suggests probation officer made investigation gerald home life even claim judge went beyond point stated text ars juvenile delinquency prevention control russell sage foundation gap rhetoric reality also emphasized crime report pp chief justice stated recent speech conference national council juvenile judges juvenile must function within framework law attainment objectives act unbridled caprice equal justice juveniles juvenile judges journal pp crime report recommends juvenile courts make fullest feasible use preliminary conferences dispose cases short adjudication see also crime report pp since consent decree procedure involve neither adjudication delinquency institutionalization nothing say opinion construed expressing views respect procedure problems treatment juveniles disposition unique juvenile process hence hold opinion regard procedural requirements adjudicatory stage necessary applicability steps juvenile process ars arizona juvenile code provide notice sort given commencement proceedings child parents notice provision effect person parent guardian cited appear parent guardian shall notified personal service time place hearing ars procedure initiating proceeding specified statute seems require preliminary inquiry determination may made formal jurisdiction acquired thereupon may authorize petition filed ars appear procedure followed present case petition served supplied present case crime report commission observed unfairness much informality reflected inadequacy notice parents juveniles charges hearings ibid application due process requirement adequate notice criminal context see cole arkansas oliver application civil context see armstrong manzo mullane central hanover tr cf also chaloner sherman discussion cases right timely adequate notice forecloses contention notice approved arizona notice actually given gaults constitutionally adequate see also antieau constitutional rights juvenile courts cornell paulsen fairness juvenile offender rev cf standards pp procedures evidence juvenile guidebook judges prepared advisory council judges national council crime delinquency pp see cases discussed therein gault knowledge charge gerald asserted failure object excuse lack adequate notice indeed one purposes notice clarify issues considered discussion facts supra shows even juvenile judge uncertain precise issues determined two hearings since gaults counsel told right counsel consider failure object lack constitutionally adequate notice waiver rights conclusion notice given first hearing inadequate need reach question whether gaults ever received adequately specific notice even june hearing light fact never apprised charge habitually involved immoral matters recent cases district columbia holding must advice right counsel counsel appointed necessary see shioutakon district columbia app black app poff supp cf also long people dotson cal section cited ars reads follows probation officer shall authority peace officer shall look interests neglected delinquent dependent children county make investigations file petitions present cases heard concerning children represent interests furnish information assistance may require assist collection sums ordered paid support children perform acts ordered powell alabama gideon wainwright present proceeding example although juvenile judge believed gerald telephone conversation within condemnation ars suggested uncertainty statute prohibits use vulgar language presence hearing woman child powell alabama means commitment virtually cases minimum three years since jurisdiction juvenile courts usually limited age see cases cited supra see schinitsky record city bar assn paulsen fairness juvenile offender rev antieau constitutional rights juvenile courts cornell paulsen kent constitutional context juvenile cases sup rev ketcham legal renaissance juvenile nw rev elson juvenile courts due process justice child rosenheim ed note rights rehabilitation juvenile courts rev see also probation parole standard family act standard juvenile act nppa journal hereinafter cited standard family act standard juvenile act respectively state statutes require advice right counsel counsel appointed see family act welf code appointment mandatory conduct felony case adult stat ann supp see comment legislative commission accompanying section district columbia legal aid act code ann legal aid agency shall make attorneys available represent indigents proceedings juvenile see black app construing act providing right appointed counsel informed right state statutes allow appointment request classes cases discretion etc state statutes collected classified riederer role counsel juvenile fam law however treat statutes cited see also note rights rehabilitation juvenile courts rev skoler tenney attorney representation juvenile fam law riederer role counsel juvenile fam law recognition right counsel involves necessary interference special purposes juvenile procedures indeed seems counsel play important role process rehabilitation see note rights rehabilitation juvenile courts rev crime report pp commission statement position forceful commission believes single action holds potential achieving procedural justice child juvenile provision counsel presence independent legal representative child parent keystone whole structure guarantees minimum system procedural justice requires rights confront one accusers witnesses present evidence testimony one unaffected prejudicial unreliable evidence participate meaningfully dispositional decision take appeal substantial meaning overwhelming majority persons brought juvenile provided competent lawyers invoke rights effectively informal judicial proceedings technical adults without legal training influence even understand certainly children papers drawn charges expressed legal language events follow one another manner appears arbitrary confusing uninitiated decisions unexplained appear official challenge lawyers come records proceedings records make possible appeals even occur impart possibility healthy atmosphere accountability fears expressed lawyers make juvenile proceedings adversary doubt partly true partly desirable informality often abused juvenile courts deal cases facts disputed therefore rules evidence confrontation witnesses adversary procedures called deal many cases involving conduct lead incarceration close supervision long periods therefore juveniles often need safeguards granted adults cases children need advocates speak guard interests particularly disposition decisions made disposition stage opportunity arises offer individualized treatment plans danger inheres coercive power applied without adequate knowledge circumstances fears also expressed formality lawyers bring juvenile defeat therapeutic aims informality necessary connection therapy device used approach therapy possible device quite possible many instances lawyers commitment formality therapy clients small overworked social staffs courts commission believes essential counsel appointed juvenile unable provide experience prevailing systems children free seek counsel choice reveals empty meaning right typically subjects juvenile proceedings moreover providing counsel child sophisticated enough aware need ask one fails waive announced right enough experience numerous jurisdictions reveals commission recommends counsel appointed matter course wherever coercive action possibility without requiring affirmative choice child parent lehman juvenile right counsel delinquency hearing juvenile judge journal interesting review edition children bureau standards rosenheim standards juvenile family courts old wine new bottle fam author observes standards like standards valuable precisely represent diligent thoughtful search accommodation aspirations founders juvenile grim realities life part due process criminal civil law offers us protection lawyers designated provided statute represent minors family act family act family act accounts new york practice new procedures see isaacs role lawyer representing minors new family buffalo rev dembitz ferment experiment new york juvenile cases new family cornell since introduction law guardian system september stated attorneys present great majority cases harvard law review note see new york judicial conference twelfth annual report pp detailed statistics representation juveniles new york situation see schinitsky role lawyer children record city bar assn district columbia statute decisions require lawyer appointed family unable retain counsel see supra juvenile parents informed initial hearing choose represented sign written waiver form crime report commission recommends adoption district columbia law guardian system similar new york effective notification right appointed counsel order eliminate problems procedural fairness accuracy appropriateness disposition absence counsel many juvenile proceedings involves see supra johnson zerbst carnley cochran ex rel brown fay supp privilege applicable state proceedings malloy hogan pointer texas douglas alabama reason consider status gerald alleged admissions probation officers however comment miranda guarantees california juvenile santa clara lawyer wigmore evidence ed opinion justice douglas joined justices black murphy rutledge justice frankfurter concurred separate opinion see fortas fifth amendment cleveland bar assn journal see rogers richmond culombe connecticut opinion justice frankfurter joined justice stewart miranda arizona see also malloy hogan mccarthy arndstein family act family act matter williams misc new york family held failure police notify child parents taken custody alone sufficient render confession inadmissible germane issue voluntary character confession held involuntary therefore inadmissible family act amended see supp see matter addison app div issues relating fingerprinting juveniles presented express opinion concerning standards see supra accompanying text delinquent children penal institutions children bureau pub see miranda arizona garrity new jersey spevack klein haynes washington culombe connecticut rogers richmond malloy hogan griffin california arizona constitution art amended ars harvard law review note possibility criminal jurisdiction may attach urged procedural safeguards criminal law followed standards cf harling app ars juvenile delinquency prevention control russell sage foundation see also materials cited supra rev stat supp rev stat rev stat emphasized frightening atmosphere police station likely harmful effects mind boy citing matter rutane misc fam kings county held alone might enough show confessions involuntary even though police testified boys wish see parents citing gallegos colorado quoted following passage haley ohio supra told boy advised constitutional rights signed confession knowing nevertheless confessed assumes however boy fifteen without aid counsel full appreciation advice facts record freedom choice indulge assumptions moreover give weight recitals merely formalize constitutional requirements formulas respect constitutional safeguards prevail facts life contradict may become cloak inquisitorial practices make empty form due process law free men fought died obtain family act provides uncorroborated confession made respondent sufficient constitute required preponderance evidence see morales supp mont holding confession inadmissible proceedings federal juvenile delinquency act et seq circumstances made district conclude freely made morales afforded requisites due process required case sixteen year old boy experience cf jackson denno miranda arizona standards pp crime report concludes evidence admissible adjudicatory hearing limited findings dependent upon unduly influenced hearsay gossip rumor unreliable types information minimize danger adjudication affected inappropriate considerations social investigation reports made known judge advance adjudication bold face eliminated see also note rights rehabilitation juvenile courts rev adjudication stage use clearly incompetent evidence order prove youth involvement alleged misconduct justifiable particularly delinquency cases issue fact commission crime introduction hearsay report policeman witness events contravenes purposes underlying sixth amendment right confrontation omitted family act see also harvard law review note cf willner committee character ars griffin illinois standards juvenile family courts recommends written findings fact form record hearing right appeal standards recommends verbatim recording hearing stenotypist mechanical recording urges judge make clear child family right appeal see also standard family act standard juvenile act harvard law review note result infrequency appeals due absence record indigency etc juvenile proceedings largely unsupervised crime report observes records make possible appeals even occur impart possibility healthy atmosphere accountability justice black concurring juvenile laws arizona points result plans promoted humane people provide system courts procedures sanctions deemed less harmful lenient children adults reason state laws generally provide less formal less public methods trial children line policy courts legislators shrunk back labeling laws criminal preferred call civil part prevent full application juvenile cases bill rights safeguards including notice provided sixth amendment right counsel guaranteed sixth right guaranteed fifth right confrontation guaranteed sixth holds however four bill rights safeguards apply protect juvenile accused juvenile charge imprisoned term years holding strikes fatal blow much unique juvenile courts nation reason much said position brother stewart pass issues squarely presented since majority chooses decide questions must either leave views unexpressed important issues determined circumstances feel impelled express views juvenile planners envisaged system practically immunize juveniles punishment crimes effort save youthful indiscretions stigmas due criminal charges convictions agree however exalted ideal failed achievement since beginning system indeed state laws first one contained provisions written emphatic terms arresting charging juveniles violations state criminal laws well taking juveniles force law away parents turning different individuals groups confinement within state school institution number years latter occurred case young gault arrested detained charge violating arizona penal law using vile offensive language lady telephone adult fined imprisoned two months conduct juvenile however put less secret informal hearing ordered realistically sentenced confinement arizona industrial school reaches years age thus juvenile system designed lighten avoid punishment criminality ordered state six years confinement name penitentiary jail person infant adult seized state charged convicted violating state criminal law ordered state confined six years think constitution requires tried accordance guarantees provisions bill rights made applicable fourteenth amendment undoubtedly true adult defendant plain denial equal protection laws invidious discrimination hold others subject heavier punishments children denied constitutional safeguards consequently agree arizona law applied denied parents son right notice right counsel right right confront witnesses young gault appellants entitled rights fairness impartiality orderliness short essentials due process require procedural rules fashioned generality due process specifically unequivocally granted provisions fifth sixth amendments fourteenth amendment makes applicable words added opinion brother harlan rests concurrence dissent due process clause alone reads clause alone allowing determine forms procedural protection necessary guarantee fundamental fairness juvenile proceedings fashion consistent traditions conscience people cf rochin california believes due process clause gives power upon weighing compelling public interest impose specific constitutional rights deems imperative necessary comport notions fundamental fairness subscribe interpretation due process clause nothing words history permits fair distillations relevant judicial history substitute words history clause phrase due process law years evolved successor purpose meaning words law land magna charta plainly intended call trial according existing law land effect time alleged offense committed provision magna charta designed prevent defendants tried according criminal laws proclamations specifically promulgated fit particular cases attach new consequences old conduct nothing done since magna charta pointed intimating due process clause gives courts power fashion laws order meet new conditions fit decencies changed conditions keep consciences shocked legislation state federal course existence awesome judicial power buttressed created relying word procedural whether labeled procedural substantive bill rights safeguards far mere tools unspecified rights fully vindicated vitals sound constitutional legal system designed protect safeguard cherished liberties free people safeguards written constitution judges constitution makers freedom nation far less secure moment decided judges determine safeguards imposed according notions constitutional provisions consistent traditions conscience people judges power even though profess proceed restraint constitution power write merely interpret believe power constitutionally committed judges one ominous sentence brother harlan opinion bodes ill judgment legislative programs constitutional commands speaking procedural safeguards bill rights says factors combination suggest legislatures may properly expect cautious deference procedural judgments conversely courts must exercise special responsibility procedural guarantees care permit ample scope achieving purposes legislative programs necessarily proceed restraint criminal prosecutions accused shall enjoy right informed nature cause accusation also requiring notice fifth amendment provision person shall held answer capital otherwise infamous crime unless presentment indictment grand jury criminal prosecutions accused shall assistance counsel defence person shall compelled criminal case witness criminal prosecutions accused shall enjoy right confronted witnesses justice white concurring join opinion except part also agree privilege compelled applies adjudicatory stage juvenile proceedings however find adequate basis record determining whether privilege violated case fifth amendment protects person compelled criminal proceeding witness compulsion essential violation may judge armed authority people think asks questions party witness adjudicatory hearing person especially minor feel compelled answer absent warning contrary similar information source difficulty record made habeas corpus hearing information concerning proceedings juvenile directly inform us whether gerald gault parents told gerald right remain silent reveal whether parties aware privilege source already aware right help counsel witnesses behalf petition habeas corpus raise fifth amendment issue witnesses focus previously recorded views respect deemed unsound applications fifth amendment see example miranda arizona malloy hogan dissenting opinions views course prevailed hope proceed care extending privilege vigor proceedings juvenile particularly nonadjudicatory stages proceedings event reach fifth amendment issue think clearly review case basis miranda arizona since adjudication delinquency took place long miranda decision see johnson new jersey circumstances case poor vehicle resolving difficult problem moreover prejudice appellants stake regard judgment must reversed grounds event proceedings gerald gault counsel available advise somewhat similar reasons reach questions confrontation also dealt part opinion justice harlan concurring part dissenting part created system juvenile family courts distinctive rules employed special consequences imposed jurisdiction courts commonly extends cases withdrawn ordinary processes criminal justice cases involve acts performed adult penalized criminal courts denominated civil criminal characteristically said administer criminal penalties one consequence systems least arizona construes certain rights guaranteed criminal defendants constitution withheld juveniles case brings first time question limitations constitution places upon operation tribunals reasons follow concluded gone far respects fallen short others assessing procedural requirements demanded fourteenth amendment source dissatisfaction share supposed constitutionality juvenile courts beyond proper question standards employed assess substantive validity state legislation due process clause fourteenth amendment scarcely doubted within state competence adopt measures reasonably calculated meet effectively persistent problems juvenile delinquency opinion makes abundantly plain among vexing ominous concerns face communities throughout country proper issue however whether state may constitutionally treat juvenile offenders system specialized courts whether proceedings arizona juvenile courts include procedural guarantees satisfy requirements fourteenth amendment among first premises constitutional system obligation conduct proceeding individual may deprived liberty property fashion consistent traditions conscience people snyder massachusetts importance procedural guarantees doubly intensified first many problems arizona concerned among traditionally confined processes criminal justice disposition necessarily affects direct substantial manner liberty individual citizens quite obviously systems specialized penal justice might permit erosion even evasion limitations placed constitution upon state criminal proceedings second must recognize character consequences many juvenile proceedings fact closely resembled ordinary criminal trials nothing us suggests juvenile courts intended device escape constitutional constraints entirely agree nonetheless obliged examine circumspection procedural guarantees state provided central issue principal one upon divided method procedural requirements due process measured must outset emphasized protections necessary determined resort classification juvenile proceedings either criminal civil whether made state formulae simply imprecise permit reasoned analysis difficult constitutional issues instead measure requirements due process reference problems confront state actual character procedural system state created purposes chiefly examined three connected sources first settled usages modes proceeding murray lessee hoboken land improvement second fundamental principles liberty justice lie base civil political institutions hebert louisiana third character requirements circumstances presented situation fcc wjr yakus see dissenting opinion poe ullman compare opinion concurring result pointer texas factors relevant issues last demands particular examination repeatedly emphasized determination constitutionally required procedural safeguards situation requires recognition interests affected circumstances involved fcc wjr supra particular compelling public interest must cases taken fully account assessing validity due process clauses state federal legislation application see yakus supra bowles willingham miller schoene interests never warrant arbitrariness diminution specifically assured constitutional right home bldg loan assn blaisdell essential element context legislation proceedings must read evaluated evidence importance public interests stake required furnished opinion indicates children children came juvenile courts arrests serious crimes juveniles adds rate juvenile crime steadily rising suggests indicates importance due process issues mirrors less vividly state authorities confronted formidable immediate problems involving fundamental social values state legislatures determined hopeful solution problems found specialized courts organized rules imposing distinctive consequences terms limitations systems identical procedural arrangements include uniform insistence ordinary processes criminal justice inappropriate relatively informal proceedings dedicated premises purposes imperfectly reflected criminal law instead necessary well settled must give widest deference legislative judgments concern character urgency problems state confronted legislatures often acknowledged main guardian public interest within constitutional competence understanding interest must accepted conclusive berman parker principle however reach questions essential resolution case legislative judgments issue embrace assessments necessity wisdom procedural guarantees questions constitution entrusted least part courts upon courts understood possess particular competence fundamental issue therefore measure fashion must defer legislative determinations encompass constitutional issues procedural protection suffices present purposes summarize factors believe pertinent must first emphasized deference given legislators upon substantive issues must realistically extend part ancillary procedural questions procedure reflects creates substantive rights every effort courts since beginnings common law separate two proved essentially futile distinction particularly inadequate legislature substantive preferences directly unavoidably require judgments procedural issues procedural framework principal element substantive legislative system meaningful deference latter must include portion deference former dichotomy nonetheless indispensable tool analysis stems fundamental limitations upon judicial authority constitution premise ultimately courts may substitute judgments legislators understanding public welfare must instead concern validity constitution methods legislature selected see mclean arkansas olsen nebraska constitution manner created courts legislators areas primary responsibility essentially congruent areas special competence courts thus obliged constitutional command distinctive functions bear particular responsibility measurement procedural due process factors combination suggest legislatures may properly expect cautious deference procedural judgments conversely courts must exercise special responsibility procedural guarantees care permit ample scope achieving purposes legislative programs plainly courts exercise care case first studied thoroughly objectives implementation program stake upon completion studies effect extensive procedural restrictions upon valid legislative purposes assessed reasonable certainty necessarily proceed restraint foregoing considerations believe fair distillations relevant judicial history suggest three criteria procedural requirements due process measured first restrictions imposed imperative assure proceedings fundamental fairness second restrictions imposed preserve far possible essential elements state purpose finally restrictions chosen later permit orderly selection additional protections may ultimately prove necessary way may guarantee fundamental fairness proceeding yet permit state continue development effective response problems juvenile crime ii consistently made plain adequate timely notice fulcrum due process whatever purposes proceeding see roller holly coe armour fertilizer works notice ordinarily prerequisite effective assertion constitutional rights without vindication rights must essentially fortuitous fundamental protection neither spared left favor grace state authorities central georgia ry wright coe armour fertilizer works supra provision counsel record like adequate notice permit juvenile assert much effectively rights defenses juvenile proceedings upon direct collateral review frequently emphasized importance proceedings individual may deprived liberty see gideon wainwright griffin illinois reasoning must include special force commonly inexperienced immature see powell alabama facts case illustrate poignantly difficulties review without either adequate record participation counsel proceeding initial stages time requirements cause substantial modification character juvenile proceedings counsel although present small percentage juvenile cases apparently already appeared without incident virtually juvenile courts maintenance record appreciably alter conduct proceedings question remains whether certain additional requirements among privilege confrontation must holds also imposed share part views expressed brother white concurring opinion believe reasons defer least present imposition requirements initially must vouchsafe determine certainty reasoning concludes requirements imperative begins premise gives force several points juvenile courts need satisfy requirements criminal trial therefore scarcely suffices explain selection particular procedural requirements declare juvenile proceedings essentially criminal thereupon recall requisites criminal trial voucher authoritative opinion consists four extraordinary juvenile cases contribute materially solution issues even premises asked wrong questions problem determine forms procedural protection necessary guarantee fundamental fairness juvenile proceedings procedures employed criminal trials transplanted intact proceedings specialized courts view approach question terms criteria described emerge history due process adjudication measured compelling reasons least defer imposition additional requirements first quite unlike notice counsel record requirements might radically alter character juvenile proceedings evidence reasons inconclusive available evidence suggests likely least plain additional requirements contribute materially creation proceedings atmosphere ordinary criminal trial even thereby largely frustrate central purpose specialized courts restrictions intended conform demands intensely adversary system criminal justice broad purposes represent might served juvenile courts equal effectiveness procedural devices consistent premises proceedings courts apparently acknowledges hazards example might avoided juvenile proceedings without imposition requirements limitations surround privilege guarantee adequate notice counsel record create conditions suitable alternative procedures devised unfortunately haste impose restrictions taken intact criminal procedure may well seriously hamper development alternatives surely illustrates prudence principles fourteenth amendment alike require impose procedural restrictions imperative assure fundamental fairness instead permitted additional opportunities develop without unnecessary hindrance systems juvenile courts find confirmation views two ancillary considerations first clear uncertain substantial number cases brought juvenile courts involve children sense guilty criminal misconduct many children simply misfortune manner distressed others engaged conduct truancy plainly criminal efforts made develop effective entirely noncriminal methods treatment children cases state authorities literal sense acting loco parentis standard concerned child protection punishment question methods employed cases must consistent constitutional obligation act accordance due process certainly fourteenth amendment demand constricted procedural guarantees devised ordinary criminal prosecutions cf minnesota ex rel pearson probate must remembered various classifications juvenile proceedings vagaries available statistics illustrate often arbitrary ambiguous therefore imprudent least build upon classifications rigid systems procedural requirements applicable accordance descriptive label given particular proceeding better seems begin requiring essential elements fundamental fairness juvenile courts whatever label given state proceeding way avoid imposing unnecessarily rigid restrictions yet escape dependence upon classifications may often prove illusory provision notice counsel record permit orderly efforts determine later whether satisfactory classifications devised whether additional procedural requirements necessary fourteenth amendment second forgotten juvenile crime juvenile courts earnest study throughout country much fear imposing rigid procedural requirements may inadvertently served discourage efforts find satisfactory solutions problems juvenile crime may thus hamper enlightened development systems juvenile courts appropriate recall fourteenth amendment compel law remain passive midst change demand otherwise denies every quality law age hurtado california iii kent decided term purport rest constitutional grounds appropriate observe whatever relevance may suppose criticism present issues many critics asserted deficiencies juvenile courts stemmed chiefly inadequacy personnel resources available courts see paulsen kent constitutional context juvenile cases sup rev handler juvenile adversary system problems function form rev statistical evidence incomplete see generally skoler tenney attorney representation juvenile fam law indicate juvenile judges polled favored representation counsel courts indeed brother black candidly recognizes apt effect today decision ante content merely rely upon inapposite language recommendations children bureau plus terms single statute cogent evidence course consists steady rejection requirements state legislatures courts wide disagreement uncertainty upon question also reflected paulsen kent constitutional context juvenile cases sup rev see also paulsen fairness juvenile offender rev mclean answer challenge kent alexander constitutional rights juvenile shears legal problems peculiar children courts siler need defense counsel juvenile crime delin compare handler juvenile adversary system problems function form rev estimates number children situation brought juvenile courts range variation seems chiefly product inadequacy records difficulty categorizing precisely conduct juveniles charged see generally sheridan juveniles commit noncriminal acts treat correctional system fed probation standard number juveniles involved considerable ibid justice stewart dissenting today uses obscure arizona case vehicle impose upon thousands juvenile courts throughout nation restrictions constitution made applicable adversary criminal trials believe decision wholly unsound matter constitutional law sadly unwise matter judicial policy juvenile proceedings criminal trials civil trials simply adversary proceedings whether treating delinquent child neglected child defective child dependent child juvenile proceeding whole purpose mission opposite mission purpose prosecution criminal object one correction condition object conviction punishment criminal act last years many dedicated men women devoted professional lives enlightened task bringing us dark world charles dickens meeting responsibilities child society result creation century system juvenile family courts denying many areas performance agencies fallen disappointingly short hopes dreams courageous pioneers first conceived variety reasons reality sometimes even approached ideal much remains accomplished administration public juvenile family agencies personnel planning financing perhaps formulation wholly new approaches possess neither specialized experience expert knowledge predict certainty may lie brightest hope progress dealing serious problems juvenile delinquency certain answer lie opinion case serves convert juvenile proceeding criminal prosecution inflexible restrictions constitution wisely made applicable adversary criminal trials inevitable place proceedings public social agencies known juvenile family courts impose long catalog requirements upon juvenile proceedings every area country invite long step backwards nineteenth century era juvenile proceedings child tried conventional criminal trappings conventional criminal trial boy named james guild tried new jersey killing catharine beakes jury found guilty murder sentenced death hanging sentence executed constitutional state dealings must course accord every person due process law due process may require restrictions constitution placed upon criminal trials must imposed upon juvenile proceedings example suppose agree brutally coerced confession constitutionally considered juvenile hearing surely follow testimonial privilege applicable juvenile proceedings similarly due process clearly requires timely notice purpose scope proceedings affecting relationship parent child armstrong manzo certainly follow notice juvenile hearing must framed technical niceties criminal indictment see russell event reason deal issues present case arizona found parents gerald gault knew right counsel subpoena cross examine witnesses right confront witnesses gerald possible consequences finding delinquency found gault knew exact nature charge gerald day taken detention home justice white correctly points pp ante issue compulsory presented case dismiss appeal find strange intent upon fastening absolute right counsel upon nonadversary juvenile proceedings willing even consider whether constitution requires lawyer help criminal prosecution upon misdemeanor charge see winters beck dejoseph connecticut state guild halst sup thus also modern times boy ten years old convicted confession murdering appearing whole behavior plain tokens mischievous discretion sparing boy merely account tender years might dangerous consequence public propagating notion children might commit atrocious crimes impunity unanimously agreed judges proper subject capital punishment blackstone commentaries wendell ed june clear fourteenth amendment ban upon use coerced confession constitutionally quite different thing fifth amendment testimonial privilege see example unanimous opinion brown mississippi written chief justice hughes joined distinguished members justice brandeis justice stone justice cardozo see also tehan shott decided january emphasized contrast wrongful use coerced confession fifth amendment privilege complete confusion separate constitutional doctrines part opinion today stems doubt miranda arizona decision continue believe constitutionally erroneous