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Gault (D) was fifteen. D was accused of making an obscene telephone call to a woman. D was taken into custody and kept at a Children’s Detention Home. D's mother was not informed of the charge but was told that there was to be a hearing the next day at 3 p.m. At the hearing, no one was sworn, no transcript was made, and D was questioned by the judge without being informed of his Fifth Amendment rights to counsel or silence. In a later hearing, the same procedures were followed. D's request to confront his accuser was denied. D was found guilty of making obscene phone calls and sentenced to six years at a state reformatory. D appealed.

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