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History of criminal justice in america
History of criminal justice in america
History of criminal justice in america
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The Bay Harbor Pool Room (a pool hall/bar) in Pensacola Florida was broken into on June 3, 1961. The perpetrators broke a window unlocked a door entering the bar robbing the bar of $5 in change and a few bottles of beer and soda. Clarence Earl Gideon was arrested shortly thereafter at a tavern. A nearby resident, Henry Cook, claimed that he saw Gideon leave the bar with a bottle of wine and his pockets filled with coins, make a phone call, get in a cab and leave. Gideon denied the charges (Wikipedia, 2013).
Gideon was born in Hannibal Missouri on August 30, 1910. After completing the 8th grade, he ran away from home beginning a life as a drifter. By the age of sixteen he had compiled a profile of petty crime spent a year in a reformatory for burglary before he found work at a shoe factory. At the age of eighteen, Missouri police arrested Gideon for robbery, burglary, and larceny. The court sentenced him to ten years in prison but he only served three. For the next thirty years, he lived a life of poverty and crime. Gideon’s crime record included prison terms at Leavenworth Kansas for stealing government property, in Texas for theft, and again in Missouri for stealing, larceny, and escape. In between prison terms, he managed to get married four times; he had six children, managed to stay out of jail until his arrest in 1961. Given his crime record and proximity to the pool hall, Gideon was the perfect suspect for this crime (Wikipedia, 2013).
Original Trial
Gideon appearing before the Florida Court requested that the court appoint him an attorney. His trial judge Robert McCrary, Jr. denied this request. According to Florida State Law, the court could only appoint an attorney to an indigent defendant in capital cases....
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...eon did write that letter; the court did look into his case; he was retried with the help of competent counsel; found not guilty and released from prison after 2 years of punishment for a crime he did not commit. And the whole course of legal history has been changed. (Wikipedia, 2013, para. 16)
Conclusion
It has been 50 years since the Gideon v. Wainwright case. From a drifter, to a petty criminal, to the Supreme Court, Gideon opened doors for the poor man in the system. Because of this case, indigent defendants have access to legal counsel (public defenders), if they prove they cannot afford an attorney on their own.
Works Cited
Oyez. (2013, December 3). Gideon v. Wainwright. Retrieved from Oyez: http:www.oyez.org/cases/1960-1969/1962/1962_155
Wikipedia. (2013). Clarence Earl Gideon. Retrieved from Wikipedia: http://en.wikipedia.org/wiki/Clarence_Earl_Gideon
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
middle of paper ... ... Works Cited "Gideon v. Wainwright (No. 155).". legal information institute, LII. Cornell University Law School, n.d. Web.
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
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.
“Even in the modern day world, women struggle against discriminatory stigmas based on their sex. However, the beginnings of the feminist movement in the early 20th century set in motion the lasting and continuing expansion of women's rights” (Open Websites). One such organization that pushed for women’s rights was the National American Women Suffrage Association (NAWSA) established in 1890. The NAWSA was the largest suffrage organization and worked toward securing the right to vote. The NAWSA however was split into two, the NAWSA and the National Women’s Party (NWP), when suffragists were disagreeing on how to achieve their goal.
Stevenson discusses his journey as an attorney for the condemned on death row. He speaks of
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.
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. Gideon was then sentenced to five years in prison. He then filed out a writ of certiorari, which is a petition of appeal to the Supreme Court of the United States asking for them to review his case. The Court granted Gideon's request and appointed Abe Fortas to represent him as his lawyer.
In United States v. Alvarez, Xavier Alvarez claimed that he was a retired marine who had received the Congressional Medal of Honor in 1987 for being wounded repeatedly by the same person in combat. These claims were made in an attempt to have him gain more respect from his peers. The claim was that Alvarez had violated the Stolen Valor Act of 2005. The Stolen Valor Act of 2005 states that there are protections against claiming to have received some type of military honor, such as the Medal of Honor and other military decorations and awards (GovTrack). The Government stated that there was first amendment value applicable to Alvarez’s false statements, and that his statements caused harm to others. By making this statement, it was argued that the value of the award of Honor would drop and that this type of false speech falls under the same category as speaking falsely on behalf of the government or as a government official. However, since his statements were not made with the intention of financial benefits or special treatment, his false claims may not be illegal because they were made for the purpose of gaining respect.
At the age of sixteen, Clyde dropped out of school to work at Proctor and Gamble. Clyde’s crime streak started with helping his brother steal a small flock of turkeys and transporting them to Dallas to sell for Christmas money. Dallas officers saw the back seat full of live fowl, and pulled them over arresting them both. His brother claimed full responsibility , and they lat Clyde go since he was so small and innocent looking. Clyde soon mat up with a man named Frank Clause. Clyde soon quit his job at Proctor and gamble and began burglarizing small businesses in Dallas, Lufkin, and Hillsboro, Texas. Although Clyde was introduced into the gang by his brother, he soon became accepted and became the leader. Their crime spree started with stealing a couple of cars and burglarizing a few houses.
“‘Look inside a high school, and you are looking in a mirror, under bright lights. How we treat our children, what they see and learn from us, tell us what is healthy and what is sick and more about who we are than we may want to know (Gibbs, 1999).’”(Beger 119). Essayist and managing editor of Time Magazine, Nancy Gibbs tells the public of how unappealing public schools have become due to their carelessness and negligence. Consequently, schools have become power crazed institutions that punish students in the place of a parent. Thus, schools that operate in this manner have begun to scare the public, and it has brought forth court cases because schools searched students unconstitutionally. The Supreme Court of the United State should revise
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.
After sitting in jail for a year, he was finally acquitted (found not guilty) and released.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
I was an infamous American bank robber who helped shape police and their tactics today. I was born February 3, 1904 in Adairsville, GA. I stole many things as a child. When I was younger, I stole from people, only small things. I would steal chocolate or coins, all things people really wouldn’t notice. As I grew into my teen years I would rob convenience stores. Eventually I did get arrested. I was always on the run from people and I even was wanted at one point. Soon enough, I had robbed the first of many banks, earning me the nickname of Pretty Boy Floyd. I robbed several banks, too many to count, after turning to a life of crime to escape the depression era in the 1920’s.