Gideon Vs. Wainwright

676 Words2 Pages

United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments.
GIDEON v. WAINWRIGHT
In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The Judge said he was sorry but he could not do that, because the laws of Florida called for appointment of counsel only when a defendant was charged with a capital offense [where the death penalty might be imposed]. When the Florida courts denied his claim, he went to the Supreme Court. In his prison he submitted a petition, handwritten in pencil, arguing that Florida had ignored a rule laid down by the Supreme Court: “ that all citizens tried for a felony crime should have aid of counsel.” Oral arguments were heard on January 15,1962 and the decision was announced on March 18, 1963.
However, Gideon was wrong. The rule applied by the Supreme Court at that time was in fact exactly the opposite. The Constitution, it had held, did not guarantee free counsel to all felony defendants that are unable to retain their own. Since1942, when Betts v. Brady was decided by a divided Court, the problem of defend...

Show More
Related

  • Analysis Of Separate Pasts By Melton Mclaurin

    1032 Words  | 3 Pages

    Both were interested in the life Melton McLaurin was living. However, Jerry took a special interest in the social life; while, Miss Carter was more interested in his academic career. Their interest, caused a strong and deep bond with the two. They taught him an abundance of life 's lessons. Such as , being an honorable man and to respect others. Many of which , were instilled by his grandfather. But, the realization that segregation was an issue that some couldn 't get over was when Melton returned home from college and saw Jerry and was referred to as a “ mister.” McLaurin had respected them much more then any other black person in Wade, and to hear this respect he was given he was left in a

    Read More

  • Ford V Wainwright Essay

    835 Words  | 2 Pages

    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.

    Read More

  • Myers and Briggs Personality Tests

    1133 Words  | 3 Pages

    The Myers and Briggs Analysis is a series of questions that when answered are examined and grouped together in order to determine the personalities of those taking this test. This particular test can result in sixteen different outcomes or types of personalities, which is determined by four different categories that judge if you are introverted or extroverted, use your senses or your intuition, your choice to think or use your feelings, and finally if you are judgmental or perceptive. These series of questions are designed to judge our personalities and help us to determine which career pathways we will be most suited for based on our personality traits and abilities to work well with others, which is important for our future decisions.

    Read More

  • Terminiello v. Chicago

    573 Words  | 2 Pages

    1. Does the Supreme Court have the responsibility to interpret the constitutionality of a case, that is brought up for review as it is presented at its face value, or should it consider the ultimate impact that it could have ...

    Read More

  • The 6th Amendment and Criminal Proceedings

    839 Words  | 2 Pages

    In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).

    Read More

  • The Myers-Briggs Indicator Type Test: Different Types

    1223 Words  | 3 Pages

    By being an INTP, I have interpreted why some things work in my favor. Being a perceiver allows me to embrace change while keeping any ill-thoughts (regarding changes I do not agree with) to myself. This personality blend, also, allows me to participate in group settings when brainstorming is needed, and having a lower preference in introversion grants me just enough patience to play along with the extroverts to complete the task. When putting two letters together, I have better understood my temperament. “Temperament arises from the regulation of arousal and emotion reliably producing characteristic, habitual responses to experience”, and mine is Intuitive Thinking (NT), so I create many options in my head (Blandin, K., February 2013, para. 4). On the other hand, my personality leads me to situations where I make irrational decisions because I’m not granted enough time to think everything through. As viewed in the presentation, “Lesson 1-Worldview perspective on organizational behavior”, understanding my personality typology, others’ typology, and organizational behavior will allow the workplace to be more efficient because we have a better understanding of ourselves and how we can work together. I’m now able to function in the team because I understand what I offer, how it is useful, and my obligation to the group (Fischer, K. slide

    Read More

  • The Sixth Amendment: Providing Justice for Everyone

    716 Words  | 2 Pages

    The 6th Amendment guarantees a person accused of a crime compulsory process, the right to present witnesses in his defense. The importance of compulsory process is illustrated in the case Washington vs. Texas, where Jackie Washington was tried for murder. A state court ruled that Washington could not have an accomplice in the crime testify in his defense. However, the Supreme Court ruled that the state’s refusal to allow the defendant a capable witness violated the 6th Amendment. Therefore, the Supreme Court overruled the court’s c...

    Read More

  • Themes Of The American Dream In A Raisin In The Sun

    1631 Words  | 4 Pages

    Hansberry starts the play with a family with frustrated dreams. These dreams mostly involve money. Although the Younger family seems turnoff from the middle-class white culture they want to obtain the same materialistic dreams as the rest of American society. The America Dream is for everyone, as Hughes state in his poem “Let America be America again. Let it be the dream it used to be. Let it be the pioneer on the plain seeking a home where he himself is free”. Is like Hughes is saying let the Younger be able to fulfill their dreams, even though they are not middle-class people. Let them have the freedom to get want they desire. Which indeed is possible for the Younger to obtain if they stay thinking positive and in

    Read More

  • Legal Research, Writing, And Analysis

    1457 Words  | 3 Pages

    The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.

    Read More

  • Euthanasia: A Compassionate Response to Suffering

    1029 Words  | 3 Pages

    This pain then makes their physical appearance change, and sometimes unrecognizable. Euthanasia should be legalized; it is very hard on the body to go through this slow and painful journey that leads to death. According to Listverse, “Death is usually slow, painful, and undignified. By refusing people the “right” to end their own lives, we’re increasing that pain and indignity to a horrifying extent.” This quote shows how much pain and distress the patient is feeling, making it hard for them to live an enjoyable and fulfilled life. The legalization of euthanasia would prevent this, making a more humane death for the

    Read More

  • A. B Butler Case Analysis

    1055 Words  | 3 Pages

    evidence and the right of a condemned man to ask for testing.("A.B. Butler").He was exonerated by

    Read More

  • Persuasive Essay: The Meaning Of Euthanasia

    726 Words  | 2 Pages

    What is euthanasia? The word euthanasia comes from Greek words. “eu” means good and “thanatos” means death. When these two words are put together, it means “good death”. However, in the dictionary, the meaning of euthanasia is “the act or practice of killing or permitting the death of a hopelessly sick or injured individual in a relatively painless way for reasons of mercy”. Although this definition is meant to indicate euthanasia, it may give people a negative idea about euthanasia. Most people who choose to have euthanasia are patients with incurable or painful diseases such as cancer or Hepatitis B. These people go through a lot of pain every day; so don’t they have the right to choose death over going through a life of both physical and mental suffering? Euthanasia gives people with diseases like such, to have a good death without going through the suffering and pain. Yet, euthanasia is only legal in four countries and 3 out of 50 of the states in America. Many

    Read More

  • Personal Leadership Style

    1710 Words  | 4 Pages

    Upon taking the Myers Briggs personality test on the human metrics website I was not surprised that I received the conclusion of an ENTJ or “the natural born leader”. The role of an ENTJ is that you conduct yourself in a manner that is very logical and rational (“Personality”). The Myers Briggs Type Indicator test has been around for over 65 years and has continually evolved to become more accurate in identifying personality traits. I find that the ENTJ type of personality reflections are accurate due to the fact that I am a no nonsense type of leader that likes to take charge and get the job done. In order to become a better leader for your organization you can take the time to educate yourself on the other 15 types of personality traits. This will help a leader in better understanding the views of their coworkers and will give them the tools of deal...

    Read More

  • Personality Types

    858 Words  | 2 Pages

    There are several theories of personality type classifications based on different basis. The oldest was developed by the Greek Ancients (Hippocrates 400 BC and Galen 140 AC) that classified four types of people moods based on the excess of one of four bodily fluids (Neill, 2005). Another theory, which was developed by William Sheldon (1940), classifies people based on their physical shapes (Neill, 2005). The well-known theory by Carl Jung (1940), Katharine C. Briggs and her daughter Isabel Briggs Myers (1980) is probably the most used personality type classification (BSM, 2006). This theory is based on individual preferences on four pairs of opposite basic psychological human functions. The first pair is how we prefer to get motivated, internally (Introverted) or externally (Extroverted) (BSM, 2006). The second...

    Read More

  • Analysis Of Me Myself And I

    844 Words  | 2 Pages

    My results showed that I have an ISFJ-A personality type; my individual traits were: Introverted – 78%, Observant – 57%, Feeling – 60%, Judging – 70%, and Assertive – 61%. The first aspect of mine found that as an Introverted (I) individual I prefer independent activities and get fatigued by social relations. Additionally, Introverted individuals are likely to be quite sensitive to external stimulation such as bright lights or loud noises. The second aspect, energy, gauged how I viewed the world and processed information in it. Observant (S) individuals are often practical, realistic, and prosaic. Nature, the next aspect evaluates how I make decisions and manages emotions; Feeling (F) individuals are sensitive and expressive in regards to their emotions. Tactics, the aspect that I feel is most related to leadership in the workplace, reveal how I approach work, developing and execution of plans. Judging (J) individuals value unambiguousness, are habitually highly organized, and detail oriented. Finally, the Identity aspect measures how secure I am in my choices and abilities. Assertive (-A) individuals are rarely affected by stress, as they are likely to be calm and

    Read More

More about Gideon Vs. Wainwright

Open Document