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Gideon v. wainwright
6th amendment dumbed down
Sixth Amendment of the U. S. Constitution essay
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Issue: Whether the Sixth Amendment of the Constitution applies to defendants with no capital offenses in state court?
Rule: Florida law only permitted legal representation for defendants charged with capital offenses.
Analysis: Clarence Earl Gideon was charged in Florida state court with a felony, for supposedly having broken into a bar in Florida. Gideon was at the wrong place and at the wrong time, and that was the reason why he was convicted. Gideon appeared in court without an attorney, he then requested to court to have legal representation, but according to state laws in Florida, defendant with certain offenses can only be appointed to have an attorney. Because Gideon could not afford a lawyer and did not have any capital offenses he had to represent himself on trial, and as a consequence he was found guilty and sentenced to five years in prison. When Gideon was in prison, he wrote to the United States Supreme Court a letter in which he argued that he had being denied to have a
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Some individuals do not have the capacity to represent themselves, and that is the reason why lawyers exist to advice or act for clients in a court of law and any other legal matters. In the Gideon´s case, Gideon did not have the enough money to get a lawyer nor the right to be represented by a counsel because of the laws made in the state of Florida, and I believe money should not be an obstacle to be represented by a lawyer when needed, and also the level of crime should not restrict individuals from getting advice from a professional. At the end of the case the Supreme Court ruled that states are required under the 6th amendment (speedy trial, fair jury, to have assistance of counsel to his defense, and also to confront the witness who is accusing the individual) to provide attorneys in criminal cases to represent defendants who cannot afford to pay their own
II. Issues: Were the Defendant’s Fourteenth Amendment Rights under the Due Process Clause violated? Does Due Process apply to juveniles the same as it does to adults? The Supreme Court addressed the following issues In Re Gault 1967:
“The Supreme Court agreed to hear the case to determine the procedural rights of a juvenile defendant in delinquency proceedings where there is a possibility of incarceration” (U.S. Courts, n.d.). According to the U. S. Supreme court, there was a violation of the 14th Amendment in Gault’s case in the lower courts.
The case of Ford V. Wainwright is a Supreme court case of the United Stated argued in 1986. Alvin Bernard Ford is the plaintiff in this case, In 1974 he was convicted of murder in Florida and sentenced to death. In 1982 Ford began to show signs of a serious mental disorder. The Governor of Florida then appointed a panel of three psychiatrist to determine if Ford was component to understand the nature of the death penalty and the crime he had committed. All three psychiatrist disagreed on his exact diagnosis but agreed that he was sane and knew the nature of the death penalty. Ford’s attorney unsuccessfully sought a hearing in the state court for determination of his competency and then filed a hebeas corpus petition, which is a writ requiring a person to be brought before a judge or court especially for investigation of a restraint of the person’s liberty. The Florida courts denied his petition and signed a death warrant for Ford in 1984. Ford then sued Louie L. Wainwright, the defendant, who at the time of the case was the Secretary of the Florida Division of Correction.
The rights of Dwight Dexter in the Fifth Amendment were violated. The amendment prevents the government from prosecuting people unfairly. Accused cannot be jailed or have their property taken without due process
In Gideon's Trumpet Anthony Lewis documents Clarence Earl Gideon's struggle for a lawyer, during an era where it was not necessary in the due process to appoint an attorney to those convicted.
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.
The Court ruled unanimously in Gideon's favor and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that all states must provide an attorney in all felony and capital cases for people who cannot afford one. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states. Gideon won his case and took the groundbreaking step in public defense lawyers being there for people that cannot afford a lawyer of their own.
Clarence Earl Gideon asked for an attorney when tried and found guilty of a minor offense, he was then denied, found guilty and sentenced to five years in prison. The perspective is entirely focused on the legal issues surrounding the case, and it gives an overall look at societal and legal trends during the 1960s. The final chapter is utilized to make a general statement about the role of the Supreme Court in American society. Lewis concludes the book with an argument that he makes in the beginning of the book, his belief that the Court both reinforces and shapes the values of society. Like the case, Gideon’s Trumpet is an instrumental to American society. It can be argued however, that the work may be too dense. At 250 pages it includes multiple court cases, examples, Supreme Court cases and rulings from around the world. There are aspects that humanize the story, like Gideon’s original hand-written petition to the Court (p. 4), Gideon’s letter to his attorney telling the story of his life (p. 47-58), Gideon’s life as described in chapter seven (p. 100-106). It is an interesting read on the appellate process and is very much educational and
Wainwright also hindered federalism because it gave more rights to the individual people rather than the state government. After the Gideon v. Wainwright decision, Tobias Simon, a lawyer from the Florida Civil Liberties Union that offered to represent Gideon the second time the case was tried, reflected on the fact that “‘in the future, the name “Gideon” will stand for the great principle that the poor are entitled to the same type of justice as are those who are able to afford counsel’” (Lewis 239). Rather than before where the states decided what an accused person’s fate is when deciding if he or she should have a counsel, the power is shifted to the individual: it is his or her decision if he or she wants a lawyer. Furthermore, it is guaranteed to every individual, regardless of identity. Because “the poorest and least powerful of men--a convict with not even a friend to visit him in prison-- can take his cause to the highest court in the land and bring about a fundamental change in the law”, the state courts’ authority to determine right from wrong is diminished because any individual can fight it by bringing it to the Supreme Court’s attention, just like Clarence Earl Gideon did (Lewis 218). Every individual now has the power to address a problem created by the courts and the power to determine if they want a lawyer to help them, which, in turn,
When working with a court appointed lawyer you need to research and follow up on guidelines that carry with your charge. You have to learn how the court system works. Lawyers that are hired by the court to represent the low and middle-income people are lazy in doing their job. There are many reasons why court appointed lawyers don't do their best for their clients involving the court cases.
3. Does the enforcement of the subpoena guarantee the right of the accused according to the 5th and 6th Amendments?
Issue 1: Yes. The right of a defendant who cannot provide their own counsel in a criminal trial to have the assistance of such is an essential right vital to a fair trial, and Mr. Gideon’s trial and conviction devoid of the assistance of counsel violated the Fourteenth Amendment. Betts v. Brady, 316 U. S. 455, overruled. Pp. 372 U. S. 336-345.
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 “GIDEON’S ARMY” film documentary follows the personal stories of Travis Williams, Brandy Alexander and June Hardwick, three young public defenders who struggle against extensive working hours, little wage and awe-inspiring caseloads so common that even the most dedicated in the profession frequently give up in their first year of labor. From watching this film it has come to fruition in my mind that only a select few can do what these young men and women put up with on a weekly basis. In the film all three public defenders attempt to provide high quality representation despite the overwhelming odds against them. They all have from top to bottom student loan debt which causes an extraordinary amount of stress to them and other public defenders in the profession. This film was also very depressing. Just from watching this film for a couple of minutes one can get very down on themselves. By the time I was done observing it I had to turn on a more motivational show because the film was really that disheartening. The Stakes were incredibly high for the defendants which faced some of t...
A lawyer may discharge this basic responsibility by providing public interest legal services without fee, or at a substantially reduced fee, in one or more of the following areas: poverty law, civil rights law, public rights law, charitable organization representation, the administration of justice, and by financial support for organizations that provide legal services to persons of limited means.’ With this rule, attorneys practice pro bono work and log their time to turn in to the State Bar of Texas, to show that they have complied. However, is the best legal representation being given to these defendants? That would most likely depend on the individual attorney that one happens to be appointed. Such as with any other system, some attorneys may have a heart for service and feel their pro bono work is meaningful and time well spent. Others may just try their hardest to get in and out of their work and that can often be a disservice to the person they are