...Judges also decide what issues will be raised, he or she can manipulate the range of values which could be given effect in a verdict. For instance, the landmark case of Gideon vs. Wainwright. This case involved Clarence Earl Gideon, charged with a felony due to breaking and entering a poolroom with the intent to commit a misdemeanor crime. Gideon reported to court without a lawyer and requested for one to be appointed to him. This request was denied, for Florida state law can only appoint an indigent defendant in capital cases. Therefore, Gideon represented himself in trial, he was found guilty and sentenced to five years in prison. Gideon then filed a habeas corpus petition in the Florida Supreme Court arguing that his constitutional rights...
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...challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...The Indigent Defender: Gideon versus Wainwright Do you think indigent defendants, or defendants without lawyers should be provided with lawyers in all court cases? Gideon versus Wainwright is a case that will decide if indigent defendants will. The case of whether indigent defendants should be provided with lawyers. There have been many other cases similar to this, like Powell versus Alabama, Palko versus Connecticut, and Betts versus Brady. Indigent defendants should not be provided lawyers in court unless their offense is capital. The case started in 1961 when a homeless man by the name of Clarence Earl Gideon was caught “Breaking and entering into a Panama City, Florida, pool hall and stealing money from the hall's vending machines” (Mcbride). He stole less than one hundred dollars and some...
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...What is the importance of the United States Supreme Court in American Government? The United States Supreme Court in American is the highest judicial body. The United States is form by 9 judges. It is only the Constitutional stipulate the Court. The Supreme Court also has judicial review. There is a landmark Supreme Court case below. (Information is from Wikipedia) Gideon v. Wainwright, it was occur in 1963, is a landmark case in United States Supreme Court history. In this case, the Supreme Court judges unanimously ruled that the state court should provide the lawyer for the people couldn’t pay the lawyer fee. The background of the case: Between midnight and 8:00 a.m. on June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. An unknown person broke a door, smashed a cigarette machine and a record player, and stole money from a cash register....
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...Supreme Court case Gideon versus Wainwright. The case focused on Gideon who was “charged with breaking and entering into Florida poolroom, a felony in the state” (“Gideon v. Wainwright” 1). The defendant didn’t a counsel to defend him in his case because he couldn’t afford to pay for them. As a result, he was forced to defend himself on his own. After further investigation, a “unanimous court held that the Sixth Amendment to the U.S. Constitution, as applied to the states through the Fourteenth Amendment, required that counsel be appointed to represent poor defendants in criminal cases” (“Gideon v. Wainwright” 1) resulting in a retrial. During the new trail, Gideon was “acquitted after new defense witnesses were found and some of the state’s witnesses were discredited” (“Gideon v. Wainwright” 1) giving him a fair chance. This court case lead to the Supreme Court allowing defendants the opportunity to a counsel regardless of their income. They had to decide if sixth amendment should be extended to minor cases as well as felony cases. The Supreme Court believed that every citizen should have an equal opportunity to defend...
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...trumpet” tells the story of Clarence Earl Gideon, shows how he was fighting for the right to have publicly funded legal counsel for the needy. This man was of an average intelligence, a four-time loser without a financial support, but very stubborn about what he was doing. The events that described in this movie, remained in the history of the law. In 1961, when Earl Gideon was fifty one, he was arrested, prosecuted, and sent to the jail for breaking and entering with the intent to commit petty larceny. He was sentenced to five years in state prison. He applied to the Florida Supreme Court for a writ of habeas corpus, but it was rejected. Gideon had some knowledge of the workings of the Supreme Court...
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...Gideon v. Wainwright The Warren Court also reviewed the case of Gideon v. Wainwright which was a case that changed the history of criminal procedure. Clarence Earl Gideon was a man who believed that he deserved to have his voice heard after being denied a right to counsel when he was arrested for petty larceny and breaking into a poolroom in Panama City, Florida in June 1961. At trail Gideon ask for a lawyer to defend his case since he could not afford one himself. Unfortunately, his request was denied since under Florida law a lawyer could be provided only if the defendant was charged with a capital offense. Gideon had no choice but to represent himself and was found guilty. Gideon then filed a writ of habeas corpus, but it was denied. After forwarding his petition in 1963 The Supreme Court then agreed to review his case. Now, the Warren Court was faced with reviewing the issue of whether the state court violated Gideon’s right to a fair trial and due process of law which was protected by the Sixth and Fourteens Amendments. In a unanimous decision, the Warren...
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...America has seen a fair share of changes throughout history, one of which is the story of Clarence Earl Gideon. Gideon Petitioned the Supreme Court of the United States of America for a writ of certiorari, founded in his belief that he, a poor man, should have the right to an attorney after he was convicted of robbing a pool house in the early 1960’s. Despite originally being found guilty, Gideon was determined to appeal to the courts and gain his freedom under the premise that his right to due process of law was violated. He created a movement in history that led to the establishment of universal right to counsel within the United States legal system. After a tedious case, that did not look as though it would bode well for Gideon, he was successful in persuading the Supreme Court to accept his appeal....
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...legislation or executive actions in order to promote conservative or liberal objectives. | In the 1950s the Warren Court were seen to follow a liberal agenda and be judicially active. With a liberal and activist majority on the court the Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. Warren Court Cases | 1954 Brown vs the Board | Based on 14th Amendment- ended segregation and overturned Plessey vs Fergusson | Baker v. Carr and Reynolds v. Sims 1962-4 | Based on the 14th Amendment- asserted the right of all votes to be of equal value- and lead to reapportionment across the USA. | Gideon v. Wainwright,1963 Miranda v. Arizona, 1966 | Right to legal representation and to be informed of rights. The ‘Miranda warning’ | Engel v. Vitale 1962 | Outlawed school prayer. Based on First Amendment. | Griswold vs Connecticut | Found a ‘right of privacy ‘in the 14th Amendment | Warren’s successor Warren Burger 1969-1986 appointed by Nixon as a conservative, extended some of Warren’s precedents most famously Roe vs Wade used the precedent set by the Griswold case. In Swann v. Charlotte-Mecklenburg Board of Education (1971) the court upheld the policy of ‘bussing’ school children to create mixed race schools. The Warren/Burger courts were criticised by conservatives who claimed they attacked family values and up held the rights of criminals. Republican presidents began to have since sought to create a more conservative...
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...which was a purported response to a crisis of crack cocaine in the black ghettos. The war on drugs had a very devastating impact in the ghettos of the African American communities. Even with the election of Barack Obama, Alexander still feels that there was no triumph over race. In the second chapter titled ‘the lock down’, Alexander Michelle also talks about the legal misinterpretations. She clearly notes that due to the war on drugs, there is an inflow of people into the system of criminal justice. Despite the high influx of people, still there is not enough representation for all of them. Because of the case in Supreme Court Gideon vs. Wainwright, everyone including the poor have a right to legal representation. In many cases, a large number of people never have access to legal counsel or if they do are lucky enough to find one, usually the lawyers have a load of cases that getting time for their clients becomes a problem. In my opinion, this seems to be an extreme injustice to the people considering that without legal representation people are unable to rightly defend themselves. This eventually adds to the number of imprisoned people, and turns against the African American people who are...
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...which was a purported response to a crisis of crack cocaine in the black ghettos. The war on drugs had a very devastating impact in the ghettos of the African American communities. Even with the election of Barack Obama, Alexander still feels that there was no triumph over race. In the second chapter titled ‘the lock down’, Alexander Michelle also talks about the legal misinterpretations. She clearly notes that due to the war on drugs, there is an inflow of people into the system of criminal justice. Despite the high influx of people, still there is not enough representation for all of them. Because of the case in Supreme Court Gideon vs. Wainwright, everyone including the poor have a right to legal representation. In many cases, a large number of people never have access to legal counsel or if they do are lucky enough to find one, usually the lawyers have a load of cases that getting time for their clients becomes a problem. In my opinion, this seems to be an extreme injustice to the people considering that without legal representation people are unable to rightly defend themselves. This eventually adds to the number of imprisoned people, and turns against the African American people who are...
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...Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated with four chief cases: Terry v Ohio (1968), Miranda v Arizona (1966), Gideon v Wainwright (1963), and Mapp v Ohio (1961). These four cases establish the foundation for the application of the principle referred to as the ‘exclusionary rule’ and the major basis for Warren Court critics. The Warren Court established the doctrine of...
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...several moving cases and movements which had strong ties to the termination of segregation, lack of equality, and several other cases. Earl Warren had been a major figure in politics, working his way up to becoming the elected district attorney of Alameda County, later on becoming the California attorney general in 1938, and last but not least, warren made his greatest mark in U.S. politics when he had become the governor of California in 1942. One of the most well renown and moving cases warren had been involved in was the Brown V. Board of Education of Topeka, where racial equality in schools was being stressed and...
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...given to Congress in Article I, Section 8. The court did rule that the tax in Maryland that the state imposed on banks that were not in any specific state was unconstitutional." "The impact of the ruling of the case McCulloch v. Maryland is that Congress has implied powers given to it by the constitution to put in action the expressed powers in the Constitution." Gibbons v. Ogden 1824 "Does the commerce clause in Article I, Section 8 of the Constitution give Congress the power to regulate parts of commerce"? "The court...
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...Chapter 1 British Policy Incites a Rebellion - 1756-1763, Britain and France were in the Seven Years’ War, a conflict that had involved all major European powers. - Sugar Act (1764)- Including increase on taxes on imported goods such as molasses, coffee, and textiles. Monarchy: One person in charge. Very efficient, poor decisions. Oligarchy: Small group of people in charge. Can take form of a dictatorship. Nazi, Soviet Union (A junta: in charge of military small groups can also be a small group of religious leaders) Democracy: Power lies in the hand of the people. Basically a representative democracy, meaning we chose the people to make decisions. The dominant form of government today. Totalitarianism: The government was total control. Purpose is to implement the “utopian” society. Neg. side: They have to control everything, takes up a lot of resources. Gov. is inflexible, which leads to destruction of government. Authoritarianism: They don’t control everything, just enough. There isn’t a utopian vision. They control the military and the police. Only what they need to control. China is a midway point between Totalitarianism and Authoritarianism. Constitutionalism: A limited form of government. Powers are usually spelled out in a constitution that the government is obligated to follow. They are either being a democracy/monarchy. U.S is a democracy and England is a monarch. Hobbes: Claimed that we lived in a state of nature and not a good place to be. He believed were...
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