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Gideon v wainwright original case
Gideon v wainwright original case
The role of judges and lawyers
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Based on a true story, “Gideon’s Trumpet” covers the events of Gideon vs. Wainwright and how it proved to be an important case for the United States legal system. ¬¬¬¬It shows that even after 200 years of changes and refinement, the United State’s legal system is far from perfect and is always improving. The movie provides a visual representation of the struggles between the haves and have-nots. The haves, also known as repeat players, are people who have superior access to resources, money, and superior legal experience. They are usually people who have been in multiple legal situations and know how to handle themselves in these legal situations. On the opposite end of the spectrum are the have-nots. The have-nots, also known as one shotters, …show more content…
The movie starts off with Gideon being charged with petty theft and going to court. Gideon is considered a have-not; he is extremely poor and barely literate. When he gets to court, he asks the judge to appoint him a lawyer because he cannot afford one. The judge denies this, saying that in Florida the only time the court can appoint council is if the defendant had committed a capitol offense. Because of this, Gideon is unable to provide a solid defense and is declared guilty and sentenced to five years in prison. Being a have-not, the judge’s decision to not appoint Gideon a lawyer wasn’t even …show more content…
After pleading his case to the Supreme Court, Gideon proved that his rights had been infringed upon and was granted the opportunity for a lawyer to defend him. Not only did Gideon have a lawyer in this third trial, but his defense was solid as a rock. With a proper defense Gideon proved that without a doubt he was innocent. His lawyer also made the main witness look guilty himself, something Gideon would not have been able to do on his own. Having legal representation proved to be a major asset for Gideon and the have-nots, and that having a lawyer can change the decision on a case. In this situation, the have-nots came out on top
Pagan writes a captivating story mingled with the challenges of the Eastern Shore legal system. This book gives a complete explanation backed up by research and similar cases as evidence of the ever-changing legal system. It should be a required reading for a history or law student.
There have been several different Supreme Court cases over the years that have been influential to most everybody who is aware of them. For example, the case of Roe vs. Wade was and still is immensely influential and is the cause of pro-life/pro-choice debates. Another important case was Marbury vs. Madison, which was the first Supreme Court case to ever declare that a law passed by Congress was unconstitutional. Even though those two cases were a couple of the most important and influential in American history, nothing compares to the influence that the case of Gideon vs. Wainwright has provided, in my opinion. This case was tremendously important to the way that law enforcement is to be carried out in that it forced detectives and FBI’s and the like to “do their homework” before declaring someone guilty of a crime.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
“Corruption is like a ball of snow, once it’s set a rolling it must increase (Charles Caleb Colton).” Colton describes that once corruption has begun, it is difficult to stop. Corruption has existed in this country, let alone this very planet, since the beginning of time. With corruption involves: money, power, and favoritism. Many people argue today that racism is still a major problem to overcome in today’s legal system. American author (and local Chicago resident) Steve Bogira jumps into the center of the United States justice system and tells the story of what happens in a typical year for the Cook Country Criminal Courthouse, which has been noted as one of the most hectic and busiest felony courthouses in the entire country. After getting permission from one of the courthouse judges’ (Judge Locallo) he was allowed to venture in and get eyewitness accounts of what the American Legal System is and how it operates. Not only did he get access to the courtroom but: Locallo’s chambers, staff, even his own home. In this book we get to read first hand account of how America handles issues like: how money and power play in the court, the favoritism towards certain ethnic groups, and the façade that has to be put on by both the defendants and Cook County Workers,
At his trial Gideon could not afford a lawyer, so he asked the judge to appoint him one, Gideon argued that the Court should appoint him one because the Sixth Amendment says that everyone is entitled to a lawyer. The judge turned down his request, saying that the state did not have to pay a poor person's legal defense unless he was charged with a capital crime or that "special circumstances" existed. Gideon was left to represent himself in court.
“NEW YORK TIMES v. UNITED STATES.” The Oyez Project. llT Chicago-Kent College Of Law, n.d. Web. 5 Dec. 2013.
Robinson trial; (2) prejustice and its effects on the processes of the law and society; (3)
Hariman, R. “Performing the Laws: Popular Trials and Social Knowledge” from Popular Trials: Rhetoric, Mass Media, and the Law, Robert Hariman, ed(s)., University of Alabama Press, 1990. 17-30.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
It is no secret that the American legal system is distinct from other developed Western nations in its practices and laws. This variation, termed “adversarial legalism” by Professor Robert Kagan in his book, Adversarial Legalism, has two salient features: formal legal contestation and litigant activism. In civil and criminal law, jury trials and a specific lawyering culture exemplify these traits. Though adversarial legalism responds well to the American desires of justice and protection from harm while simultaneously respecting the societal fear of a government with too much power, it leads to extremely costly litigation and immense legal uncertainty. To reconcile the American view of justice and the undesirable outcomes of formal contestation and litigant activism, the legal system has gone so far as to reform large parts of the system, including bureaucratic regulations and the plea bargaining process. However, as Kagan states, rather than reduce the costliness or uncertainty of the legal process, these procedural changes have merely lead to an increase in litigation and, therefore, an increase of adversarial legalism in criminal and civil law.
In “Mistakes, Misunderstandings, and Misalignments” Jules L. Coleman argues, “there is an inconsistency in how the standard of care is set versus how damages are awarded [in the criminal justice system]” (). Meaning, the law does not abide by the same verdict when punishing as when protecting. When penalizing, the law usually targets the financially unfortunate in this case Hector. Conversely, when protecting, the criminal justice system seeks to defend the affluent, Emily. This creates a double standard in which fear is instilled in the poor while a sense of security is granted to the
To most, the job of the defendant is usually seen as being far more easy in comparison to the prosecution’s side. This is because of the famous phrase: “innocent until proven guilty”. The idea that the defendant’s job is easier is put to the test in a play that is named Inherit the Wind by Jerome Lawrence and Robert E. Lee. The defendant, Henry Drummond, has to defend Bert Cates. A man that has broken a strictly enforced law in Hillsboro, and a man that everyone knows is guilty of breaking the law. Hence, Drummond has to be clear in his arguments against the law and put the law on trial, so that the people realize that this is an unjust law. He has to convince the people that the law is wrong. Henry Drummond’s arguments presented against the
These injustices have begun long before Tom’s trial, but it is his trial which epitomizes the problems with our society. The first witness was simply just a misguided fellow named Heck Tate who it seems didn’t have much to offer to the case. Next, Atticus Finch called Bob Ewell to the stand. When I saw Ewell take the stand such a fierce hatred rose within me that I began to shake and tremble. Ewell wrongfully accused Tom of raping his daughter Mayella, however, with the grace of God, Atticus Finch had shown that it was very possible that it was Bob Ewell who because he was a lefty could have beat Mayella. If it were not for great men like Atticus Finch I would have lost all hope for this world. As I watched Mayella take the stand I wondered how such a kind looking person could be someone of such poor character. Her words seemed to paint a picture of a sad life; one where a father neglects her and she has fallen under hard times. Atticus, after pointing out it was probably Bob who beat her, asked Mayella who it really was that beat her. Mayella made it clear it was Tom Robinson, upon which Atticus asked Tom to stand. To the astonishment of the court Tom was handicapped! Tom was then called to the stand where he laid open for all to see the truth, explaining that it was Mayella who came on to him (that treacherous woman!). Soon enough the trial ended and every one awaited the verdict of the jury. The next few hours were the most nerve wracking of my life.