The case Gideon V Wainwright all started when Clarence Earl Gideon was arrested for possibly stealing pocket change, bottles of coke, beer, and wine. When Gideon went to trial Gideon believed that an attorney should be appointed to him under the 6th amendment the right to counsel ;however, the state of Florida decided that was for federal cases only. After Gideon lost his trial against the state of Florida Gideon found a way to take it further and appealed to the Supreme Court. Once Gideon appealed the supreme court took it from there mainly Hugo Black a justice that firmly believes that everyone deserves an attorney according to the 6th and 14th amendments in which he lost earlier in his career betts v. brady. Once the case was finished being…
Clarence Earl Gideon was a man that was wrongfully convicted of a crime. Clarence had a bad background prior to the trial. His record prior was that he had felonies, and he was in jail for four times already, and he ran away from home, and was found with some stolen clothes on. His background didn’t make it easy for him to be found guilty. Gideon was accused of stealing wine, beer, money, and Coca Cola from the pool room. The charges that were brought to him was Petty theft. The evidence the state used against him was that he was seen by a witness breaking into the pool room. The sentencing that Gideon got was 5 years in a working prison. Gideon’s first trial was not in his favor, because he did not have a lawyer defending him, and he didn’t…
Gideon v. Wainwright was one of a series of Supreme Court decisions which confirmed the right of defendants in criminal proceedings to counsel during trial, on appeal, and in the subsequent cases of Massiah v. United States 377 U.S. 201 (1964) and Miranda v. Arizona 384 U.S. 436 (1966), even during police interrogation.…
When looking at the overview of the Gideon’s Trumpet movie, it may come across as the Supreme Court helping a man who could not adequately defend himself. However, many of the people involved in the process of getting Gideon’s case to the Supreme Court focus on their own personal agenda. Although none of their motives were corrupt, there were many instances of people looking out for only themselves, a use of classic liberalism. Obviously Clarence Earl Gideon had a reason to appeal to the Supreme Court, because regardless of either innocent or guilty, he believed he was denied his basic right to counsel. As shown in the Gideon’s Trumpet movie, while in prison Gideon kept to himself and with the exception of the one man who had been in prison for 20 years, Gideon did not want to help any of the other inmates. The lawyer assigned to his case was looking to make history by having his case heard by the Supreme Court. The Supreme Court Justices were looking for a case to overturn Betts v Brady, and Gideon just happen to be the case that was used. Through this use of…
The Supreme Court decided that having counsel is necessary to receive a fair trial. “Gideon transformed criminal prosecutions and generated significant funding for indigent defense nationally.” (273; WEB) Such funding provides all indigents with a defense attorney at the State level regardless of any special circumstances or the severity of the crime. Gideon’s case changed the way the 6th and 14th Amendments were interpreted thus the Federal powers forced the States to recognize this need for all defendants regardless of their incomes to receive a fair trial by way of free legal…
This article discusses the Eighth Amendment, which states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” According to the child rape statute in Louisiana, the death penalty or life imprisonment is being administered to convicted pedophiles, as such; research on mental abnormality, and Forensic Psychology to assess the punishment. The author of this article is Brian Sellers, BA, University of North Carolina, and works in the Department of Criminal Justice. As a knowledgeable individual of the law, he explored the pros and cons whether the death penalty is appropriate for pedophiles, hence the many studies being conducted to support his point. This article will highlight…
However, Gideon was wrong. The rule applied by the Supreme Court at that time was in fact exactly the opposite. The Constitution,…
In 1963, the Supreme Court ruled in Gideon v. Wainwright that the Sixth Amendment guarantees every defendant, regardless of socioeconomic status, the right to an attorney and equal protection under the court of law. This means that an indigent defendant that cannot afford to hire a private attorney may have a public defender appointed to him or her. However, fifty years later, the promises of Gideon v. Wainwright may remain unfulfilled. Public defenders may not be able to provide the same treatment to their clients as a private attorney, resulting in harsher sentences being placed on indigent defendants. This is clearly not the equal treatment that Gideon sought, and it is rather evident that the public defender system is very flawed.…
The Sixth Amendment of the Bill of Rights contains seven clauses that protect the rights of the accused. The amendment assures the accused that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (U.S. Const. Amend. 6) One of the most important parts of this amendment is the right to counsel. The right to counsel guarantees the accused is provided with an attorney who is both competent and well – versed in the law. In this day and age, even the defendants that cannot afford counsel are provided with public defenders.…
In the world of the American Justice system, Gideon's name will always stand for the principle that the poor are just as entitled to counsel as those who can afford it. To this day, Gideon's name and the "trumpet" that he blew have rung true to the words "fair trial". He tore down the wall of Betts vs. Brady and the correlation between the Bill of Rights and the 14th Amendment. Gideon's triumph over our justice system shows that there are still flaws in our judicial structure and there are mountains still to be conquered.…
The first clause of Amendment Six is the speedy trial clause. There are several reasons that this clause is positive to the accused in a case on trial. Primarily the right to a speedy trial can prevent undue and oppression, and minimize the anxiety and concern that accompanies public accusation. A speedy trial can limit the possibility that long delay will impair the ability of an accused to defend himself. Furthermore, delaying a trial is can tamper with the evidence and witnesses because over time evidence can lose value and witnesses could forget what happened at the the crime scene or even die before the trial takes place. The right of a speedy trial can also be in opposition to the interests of the accused because it can cause the accused…
Gideon has the right to have an attorney in his defence is that if a lawyer is not appointed, such an act clearly violates the Constitution. To illustrate this point, if Mr. Gideon is not given a lawyer in his aid, it violates the Bill of Rights, and therefore, the Constitution. As an additional point of view, if Mr. Gideon is denied these basic rights given by birth to every American citizen, how long will it be until the Constitution and the Bill of Rights are either entirely ignored or discarded? In short, whenever these rights are slandered, they must be fought for and…
The 8th amendment is not as important as some of the other amendmendments, but is still very important and keeps the country under control. The 8th amendment does not allow excessive bail, excessive fines imposed, and cruel and unusual punishments inflicted. It is very important that this amendment doesn’t get taken away because it protects the country from total chaos and a potential tyranny. I wrote this speech for today to spread awareness on possibly losing this amendment. My goal is to explain why losing this amendment is dangerous and why it is important that the country keeps it. One important part of the 8th amendment is the prohibition on excessive bail.…
The Second Amendment First these are the reasons of why the Second Amendment is in the Bill of Rights and in the U.S Constitution Second the second Amendment of the Bill of Rights states, that a person has the the right to bear arms and to maintain a militia. This means that the government cannot violate this law. Third the Second Amendment is important because during the revolutionary war each colony had a militia which gave them the right to bear arms. One reason this amendment was included in the Bill of Rights was to let people bear arms to protect themselves or to go hunting.…
The Second Amendment to the Constitution relates to the right to bear arms. Even so, many believe that without guns, there would be a huge reduction in homicides. Proponents of legalization of guns believe that people themselves are the problem. Guns should remain legal because it gives individuals the ability to protect themselves, their homes, and their families.…
