Gideon vs. Wainwright In the Sixth Amendment, it is stated that, In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense. When first reading this phrase one might think that this right, that which gives a person accused of a crime to have lawyers for his defense, is common knowledge being that it is among the most basic rights given to the public. However, its simple phrasing subjects the amendment to different interpretations under different circumstances. Should the government provide legal counsel if the accused lacks the funds to assemble a counsel for his defense Or, on the other hand, does this amendment set the responsibility of gathering a defense for the accused even if he or she is too poor to The Supreme Court was faced with answering these questions in the case of Gideon v. Wainwright.
In the early sixties, Clarence Earl Gideon a slacker and reported gambler who had spent much of his life in and out of jail was arrested in Florida. He was accused of breaking into a poolroom one night in an effort to steal beer, Coke, and change from a vending machine. Gideon insisted that he was innocent from the beginning. His trial began in court shortly after; and Gideon told the Judge that he was not ready for the trial to begin because he had not been able to afford for a defense attorney. He requested that the court appoint one to represent him. The Judge told him he could not appoint an attorney to represent him in the case because under Florida laws, the only time the Court can appoint counsel to represent a defendant is when that person is charged with a capital offense.
The Essay on Gideon V Wainwright Supreme Court 2
... misdemeanor. Appearing in court without funds and without a lawyer, Gideon asked the Florida state court to appoint counsel for him, whereupon ... case, regardless of circumstances, an indigent accused must be furnished counsel by the state. Gideon recieved a new trial with a ... criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense was made obligatory ...
The trial began with Gideon controlling his defense, but his attempts were ineffective as anyone could anticipate from a man wit no legal education or experience. The jury later convicted him of the charges and gave Gideon the maximum five-year sentence. In pursuit of an appeal, Gideon studied law books while serving out his sentence in state prison. Gideon filed a petition that tried to repeal his conviction and sentence on the basis that the courts refusal to appoint counsel denied him of rights identified in the Constitution.
Gideons first appeal to the State Supreme Court was denied, therefore Gideon appealed his case to the United States Supreme Court where if the case was approved to be considered the government would provide him a lawyer. After the Supreme Court selected the case to be considered, Gideon presented his case before them with the basis being that his Sixth Amendment right to counsel was violated. This argument was strongly supported by the Fourteenth Amendment that states No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States. These arguments were considered before the court in an attempt to earn an appeal, a new fair trial for Gideon.
The Supreme Courts decision was made and they concluded to reverse Gideons conviction because he was denied due process. This decision meant that Gideon received a new trial with representation by a qualified lawyer. In Gideons retrial, his court appointed attorney attempted to point the blame of the crime to the witness from the crime scene that named Gideon as guilty from day one. Gideons lawyer gave reasonable doubt to the reliability of the chief witness and therefore gave reasonable doubt to the previous charge of guilty. Gideon should have been acquitted of all charges because his lawyer gave him fair representation and was able to prove that it could have been someone else who committed the crime and the evidence presented against Gideon in his first trial wasnt as incriminating anymore.
The Term Paper on Federal Court Reserve Band Appeal
In a society that is governed by laws no one person can be expected to know them all and how to interpret them. In Canada we have a group of judges that sit on a bench that interpret the laws and rule on cases. This groups of judges is called the Supreme Court of Canada. This essay will deal with four cases that this body of government decided to have the final ruling on. The first case is Her ...
