...everyone’s minds: If I get convicted, will my sentencing be fair? Fairness is something that has to be guaranteed in most influential country in the world. “Gideon v. Wainwright” has challenged this fairness and changed how the justice and judicial system worked. This court case leaves a remarkable imprint for the future of court rulings and decision making. On August 4th, 1961, a man by the name of Clarence Earl Gideon was convicted of breaking and entering with the intent of committing a misdemeanor. Under Florida law, this was seen as a felony, a pretty serious crime as to go to trial for it. The day of Gideon’s trial, he appeared in court without an attorney. Upon his request for one since he could not afford it, the The trial judge denied his request because under Florida law, the appointment of a representative was only permitted for defendants charged with capital offenses....
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...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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...Md. Musa Shifullah Professor Porter Introduction to legal process Course code-126 Mandatory Response paper (two) about the Supreme Court case decision for Gideon v. Wainwright The plaintiff Gideon been accused by the State Court of Florida for committing felony. The hearings commenced, and Gideon requested for a defense lawyer to be appointed by the State of Florida, on account of the law that he has the right to get state-appointed counsel as he is indigent. However, this request had been declined by the state Court, as they said that indigent defendants have the right to appointed counsels only when they have been accused of a capital offense. It was held that the right to be represented by a counsel was a right fundamental to having a...
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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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...The good aspects of relying on precedent to decide current cases is that people will know what can happen if it is same type of case. It will lead to same outcome to all, with no exceptions. The bad aspects of relying on precedent are that if there is a wrong precedent it will keep for a very long time, making it very rigid and with no exceptions. In the case I chose as a landmark in previous assignment: Gideon vs. Wainwright. Gideon was an indigent and he was not given a counsel appointed by the court when he asked for it, because his case was a noncapital case. He was sued for robbery and as a result he got in jail. He took a long time until the Supreme Court saw the case, during his stay in jail. Finally the 9 judges allowed him to have a lawyer who defended him and had a fairer trial (equal conditions) where a lawyer defended him and set up a landmark and precedent for the future. During the new trial it was shown that he was not who commit the robbery. ADR means “Alternative Dispute Resolution”. These are: negotiation, arbitration, mediation, mini-trial, fact-finding and judicial referee. Usually litigation is more expensive because of the legal fees and expenses and also it can take years for the court system to resolve disputes. The elements of a negligence claim are: -Duty of care -Breach of duty -Injury to plaintiff -Actual cause -Proximate cause The difference between intentional tort and negligence is the intention. In negligence claims...
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...1). a. Selective incorportation is the process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments. b. Privacy rights have been incorporated with the Supreme Court decision, Roe v. Wade, where women's right to an abortion was being decided on. After much thought and consideration on whether to declare the Texas statues unconstituional, the Supreme Court decided in a 6-3 decision that they were unconstitutional. This was on the basis that they interfered with women's privacy and the privacy of a woman and her physician. Rights of criminal defense have been incorporated with the Supreme Court decision, Gideon v. Wainwright, where Clarence Earl Gideon, who was arrested for breaking into a pool hall, was forced to conduct his own defense, as he couldn't afford...
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...State whether the case is about civil liberties or civil rights: civil liberties 8. Gideon v. Wainwright a. Provide the Constitutional question: Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts? b. Provide background information: Clarence Gideon was charged with a felony and had to go to court. When in court he asked for a lawyer but was denied and found guilty after defending himself. After he was denied habeas corpus the Sixth Amendment was under question because it’s boundaries were unclear as to when a suspect has a right to counsel. c. Provide a summary of the opinion of the Court in this case: The Court ruled that a defendant has the right to counsel in a state court. This decision was based on the defendants right for a proper trial, which coincides with the Constitution. d. Significance/Precedent set in the case: Some defendants don’t have the means to have a proper...
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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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...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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...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. VI). In today’s society, the Supreme Court has decided that the Sixth Amendment also means in federal courts, counsel must be provided for indigent defendants unable to obtain their own attorneys. The Supreme Court has made many decisions shaping the Sixth Amendment into what it is today while keeping it close to its original intent I believe. Some of the influential cases are: Johnson v. Zerbst, Betts v. Brady, Gideon v. Wainwright, Argerisnger v. Hamilton, Faretta v. California, and Strickland v. Washington. I decided to highlight these decisions because I believe they are good examples of how the Sixth Amendment has been interpreted and sculpted to fit in today’s world. Indigent felony defendants in federal court are entitled to court-appointed counsel, decided in 1938 in Johnson v. Zerbst (Neubaur & Fradella, 2014). Then in 1942 we had the Betts v. Brady decision, in that case, the justices had ruled that indigent defendants need only be provided with a lawyer under special circumstances (Summary of the Decision, n.d.). Meaning indigent defendants in noncapital...
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...On August 4, 1961 a poor 50-year-old man named Clarence Earl Gideon was arrested in Panama City, Florida after being accused of breaking and entering into the Bay Harbour pool hall and stealing money from the hall's vending machines. Gideon, could not afford a lawyer himself so he requested that an attorney be appointed to represent him. He had to defend himself in a Florida court because the judge in the case refused to appoint him a free lawyer because Florida law says they only appoint lawyers for poor defendants charged with capital offenses. The jury found Gideon guilty and was charged in Florida state court with a felony and sentenced five years in prison. Gideon wrote to the Florida Supreme Court and they denied his petition. Then he...
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...Historically, what has the right to counsel guaranteed? How did Gideon v. Wainwright change this? Historically, it was customary for individuals to represent themselves during trial. The legal system back then was certainly not the complex web that it is today, so the demand for lawyers was low. The Sixth Amendment right to counsel was considered more of a luxury rather than the fundamental right we consider it to be today. If an individual wanted a lawyer to represent them in court, they would be responsible for finding a lawyer and paying for their services. This classist application of the Sixth Amendment let a lot of people fall through the cracks and “brought about complaints over economic discrimination”. This issue was first addressed...
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...The Sixth Amendment of the Constitution states that “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense” (law). Although the right to counsel is found at the very end of this amendment, it is just as important as the right to a speedy and public trial, or the right to an impartial jury. In 1961, a man named Clarence Earl Gideon was arrested in the state of Florida. He requested an attorney because he could not afford one, but this request was denied by the judge. Two years later, the Supreme Court heard and decided on a case called Gideon v. Wainwright, where it was stated that the Sixth Amendment’s right to counsel was essential to a fair trial. It therefore became unconstitutional to deny counsel to a poor person facing a felony charge. Gideon v. Wainwright was a remarkable Supreme...
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