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Gideon v. wainwright summary facts for kids
Iriquois the Constitution of the United States
Written constitution
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The framers formed this country with one sole document, the Constitution, which they wrote with great wisdom and foresight. This bountiful wisdom arose from the unjust treatment of King George to which the colonists were subject. Among these violations of the colonists' rights were inequitable trials that made a mockery of justice. As a result, a fair trial of the accused was a right given to the citizens along with other equities that the framers instilled in every other facet of this country's government. These assurances of the citizens' rights stated in the bill of rights. 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 defence." A first reading of this phrase one might be 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 citizenry of the public. However, the simple manner in which this amendment is phrased creates a "gray area", and subject to interpretation under different circumstances. The legitimacy of the right to mount a legal defense is further obscured by the Fourteenth Amendment which states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." As a result, many questions begin to arise which seek to determine the true right of the accused to the assistance of counsel. Should legal counsel be provided by the government 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 assembling a defensive counsel on the accused even if he or she lacks the funds to do so? Also, do the states have the right to make their own legislation regarding the right of the indigent accused to have counsel appointed to them in the state trials, or does the Fourteenth Amendment prevent this? The Supreme Court was faced with answering these questions in the case of Gideon v. Wainwright.
In June of 1961, Clarence Earl Gideon, a fifty year old petty thief, drifter, and gambler who had spent much of his life in and out of jail was arrested in Panama City Florida. He was charged with breaking into a poolroom one night in an effort to steal beer, Coke, and coins from a cigarette machine (Goodman 62).
Gideon did a horrible job of defending himself in court. He was found guilty of breaking and entering and petty larceny, which was a felony. Gideon was sentenced to five years in Florida State prison mostly due to his prior...
John Hamilton was sentenced to three years for felony. He was made a stonecutter on his third day and then a mason. Both he and Mathew Tavender were whipped together which may imply they tried to make contact with each other, this was strictly forbidden.
Clarence Earl Gideon was arrested in 1961 and charged with breaking and entering a pool hall with intent to commit theft, by taking money out of vending machines. What he did at the time was considered a felony. When it came time to have the trial he did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request saying that under Florida state law counsel can be appointed only in a capital offense. Since Gideon didn’t have a lawyer and was not educated to defend himself he lost easily to the prosecution.
American citizens accused of crimes have a constitutional right to a speedy public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with witnesses against them, to bring witnesses in their favor, and to have the assistance of legal counsel. On April 27, 1861, Lincoln decided that such constitutional...
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
The 1920s were a time of political and social changes. Americans began transferring from farm life to city living and the economy kept growing. People all over the country were doing the same dances, listening to the same music, bought the same items and even talked the same. Although the 20’s brought much conflict, for some young people and cities, they were definitely roaring.
The right to a trial by jury is one of the most fundamental concepts on which the American justice system rests. It had been in the English common law practice for several centuries and the American founders deemed in necessary to continue the practice and draft it into the United States Constitution. Prior to the Sixth Amendment, the Constitution guaranteed trial by jury for all crimes except impeachment. In 1968 the Supreme Court solidified this right in Duncan v. Louisiana stating that juries are a necessary check to g...
The plot of “The Lesson” contributes to its theme of freeing one's self from a social class. A group of New York City kids, but particularly the narrator, Sylvia, believe that they are better than the other people in their neighborhood, such as the junk man who does his work like he was a big-time president, or their volunteer teacher, Miss Moore. This feeling of superiority is unintentionally encouraged by the parents when they speak of Miss Moore like she is a dog (60). Consequently, Sylvia does not understand the importance of a college degree or that she and all the other children are poor (61). Miss Moore takes the children to F.A.O. Schwarz where they see very expensive toys and even a woman wearing a fur coat during summer; the children develop the general opinion that the “white folks crazy” (61-63). One toy in particular that catches their attention while window sh...
The book of Judges is the sequel to Joshua. It is the seventh book of the Old Testament. It recounts stories and events from the death of the hebrew leader and prophet Joshua to the birth of the hebrew Samuel. That is roughly, from the end of the Israelite conquest of Canan in the 13th Century B.C to the begining of the monarchy in the 11 th century B.C. It tells about the hebrews from Joshua’s Death to the time of Samuel. It was written in about 550 BC, on tablets named the Ras Shamra tablets. The Ras Shamra tablets where later discovered in the early 20th Century, even though the stories and acountings of the judges where already known and written. The book of Judges belongs to a specific historical tradition which is called the Deuteronomic history. The author of the book of Judges, was in exile in Babylonia. While in exile he was deeply concerned with foreign domination. So he wrote many of his stories on the migration of the tribe of Dan to the North and the sins of the Benjamites. The author emphasized that Israel was being influenced by foreign powers and the loss of freedom and prosperity. Recurring throughout the book is the stereotyped formula: "The people of Israel did what was evil in the sight of the lord." Then after each period or subjection the author introduces another formula: " But when the people of Israel cried the Lord, the Lord raised up a deliverer for the people. Through-out the book, the book of judges tells about prophets, rulers and influencial people such as: Othniel, Ehud, Shamgar, Deborah, Gideon, Tilian and Samson. There are also many more minor people.
College students drop out of school because the classes are too hard, students are too lazy, and do not go to class, or there partying too much and not enough studying. Look, college is hard enough for those that are motivated. According to Ivory Tower Arizona State University, the number one party school in the United States has 76,000 students enroll in ASU per year. Which means there are around 240 students in a lecture hall while there are only 40% facility on campus. Students do not do well in college and want to drop out because the class room size is way too big and the college is short staffed. When you go to a big college with 240 students in a class you are just a number to the professor because he is not going to try to remember your name or try to help you pass the class. He is just there to teach and get paid. In college students study less than 5 hours a week and that is less than an hour a day. In a semester class students write less than 20 pages of notes. Since, students are not motivated in studying for school that causes the students to fail tests which leads to failing the class which leads to lowing there GPA and also the college GPA and that leads to students dropping out of college. The Ivory Tower states in 4 years 68% of college students drop out. Every University that has a lecture hall during the first week of orientation the professor says to the students look to you left and look to your right because only one of you are going to be here in the end the rest are going to drop out of the class or even drop out of college. Students are not motivated in learning the material are they want are blow off classes so they can pass the class with little or no effort that they got to put in.
Continuing to develop and evolve the plans in place to aid those living in poverty, while weeding out the ones taking advantage of the system and programs, preventing those who really need the boost from obtaining it. A good example is Habit for Humanity, where the disadvantaged individuals are required to put in work to build their home. Then they are strongly encouraged to support the construction of additional homes in the area and respect the hard work they put into building those homes. This not only gives them a home to live in at a reduced cost but trains them in a new skill that they would not have the opportunity to learn otherwise. We as citizens can take action, but we only have so much we can do alone to help reduce poverty. Volunteering our time as homeless shelters, feeding the hungry, donating money to non-profit companies, these are ways any one can get
It was a known as a colorful time, the jazz age and the dollar decade. As World War I (WWI) came to a close many Americans wanted to simply forget about the Europeans and the war and live life to the fullest. Some chose to amuse themselves with soaring stock profits, illegal liquor, short skirts, and what many would look upon as shocking morals. This was a time of dramatic social and economic change. Many people were uncomfortable with this sometimes-racy “mass culture.” The Roaring Twenties was a time filled with youth hosting wild parties. Everything had a feeling of carelessness to it. People from all around the world were doing the same type of things as Americans were. As for the economic change, the total wealth of the U.S. nearly doubled from the year 1920 up until the great crash in 1929. Most African Americans knew this period to be the Harlem Renaissance. Many famous Jazz artists, playwrights, and sculptures came from the Harlem Renaissance. Some of which were Duke Ellington, Langston Hughes and Augustus Savage. Many other discoveries included sports legends, writers and gang life. Some of which were Babe Ruth, F. Scott Fitzgerald, and Rudolph Valentino.
In Toni Cade Bambara’s short story “The Lesson” there is no hiding what she intended to portray to the audience, the fact that there is a huge gap between the lower class citizens and the higher class citizens. This becomes apparent during one of Miss Moore’s infamous outings with the kids when she takes them to FAO Schwartz in Manhattan to teach them about money. Through this outing with Miss Moore the children realize that their way of life is far different than of those in Manhattan and that they belong to a different class of people altogether.
Many high school students succeed with a little leniency through their four years. The transfer from high school to college becomes overwhelming and a struggle for some. For students do not comprehend the importance of changing more than their location during the transition. A student must be psychologically, physically, and emotionally mature to pursue college and not venture into a point of no return. Dropping out of college makes the outlook of the conversion difficult to acquire. Individuals should take their time on deciding which college and/or university is the best match for them. There are various reasons that cause persons not to prosper. Issues that individuals may come upon might leave a lifelong scar. Matters such as these should not be as prevalent, creating a problem in the future for the well-being of our local communities and nation. The awareness of the causes of students dropping out will help educators, mentors, writers, and others to prevent occasions like this. Soon the dropout rate will increase and the hope for everyone being educated to acquire the needed knowledge to deal with upcoming improvements and preventions. The need for high school students to transfer into college smoothly and maintain self-discipline is significant. Anne Mallinson, Mark Kantrowitz, and Caralee Adams support this indication as well, providing several respectable points.
College for an incoming freshman is exciting, however, it is often focused on the social aspect such as the connections that can be attained through Greek life, parties and independence. Due to the social interactions, freshmen tend to drop out of college after their first year. Focusing on what college is meant for can prevent these situations. The pressures of college such as impressing parents, and maintain a high standard GPA-wise can lead to stress and freeze a student from achieving the proper academic performance. During the mid 1900s, college was considered more of a luxury than anything; people would attend college exclusively to acquire knowledge in hopes of obtaining a career after graduation. People in the twenty-first century, however, attend college to get away from home and enjoy freedom at parties. Education is taken lightly, and those who feel that education isn’t the main focus of college should not apply for sakes of the greater good.