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The role of the supreme court in us
The role the Supreme Court plays in policymaking
The role the Supreme Court plays in policymaking
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Gideon's Trumpet
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. Anthony Lewis was born in New York City on March 27th, 1927. As a prominent liberal, Lewis is responsible for several legal works such as, Make No Law: The Sullivan Case and the First Amendment, The Supreme Court and How It Works: The Story of the Gideon Case, and Portrait of a Decade: The Second American Revolution. Early in his career, Lewis began writing for the New York Times. Considered at "the far left of the spectrum" he is quite biased with regards to how much involvement the Supreme Court should have in our day-to-day lives. Generally, those who are liberal wish to change laws favoring the citizen, and obviously this carried over into Lewis's pro-stance towards Gideon's plea. The source that Lewis uses frequently throughout Gideon's Trumpet was the United States Reports. It was from these "reports" that Lewis incorporated other famous court cases such as the Bett v. Brady case. Others such as Adamson v. California and Powell v. Alabama were used but were mentioned briefly and barely explained. Lewis did an medicore job of incorporating these court cases relevant ly to Gideon's Trumpet. In Gideon's Trumpet, Anthony Lewis documents steps that Gideon took to ensure he received justice. This began when Gideon first sent a respondence letter to the Supreme Court on Janurary 8th, 1962.
...his seemingly routine case of fornication and premarital pregnancy proved to be significant for early American legal history. The unfolding of this story and the legal changes that it brought about makes evident that by the end of the seventeenth century, The Eastern Shore had shaped a distinct legal culture. The characters involved in each case also revealed the extent the powerful players were able to shape the law to their own self-interests. The goal of the powers to be was to protect property interests, protect personal reputation and liberty, and to maintain social order.
The Web. The Web. 12 Jan 2012. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0372_0335_ZS.html. "Gideon v. Wainwright.
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,
With such a minor sentence, Darrow is said to be the person who actually won the trial. In the play Inherit the Wind by Jerome Lawrence and Robert E. Lee, the character, Henry Drummond, parallels his real-life counterpart, Clarence Darrow, through
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Early in his career, Drummond defended two teenage child murderers and helped them escape their consequences. Due to this act, he entered Dayton surrounded by strong feelings of hatred. After his scientists were refused a spot on the stand, Drummond was enraged. Henry decided to put Matthew Harrison Brady on the stand to question him. “I call to the stand one of the world’s foremost experts on the Bible and its teachings – Matthew Harrison Brady” he insisted (Lawrence and Lee 82). After Cate’s verdict was announced, Drummond appealed it, causing it to be sent to a higher court. All these actions resemble the same activities of Clarence Darrow during the Scopes Trial. Clarence Darrow was frowned upon because of his success while taking on the teenage murderer’s situation. When he put William Jennings Bryan on stand, the crowd was shocked by his unorthodox action, but he knew exactly what he was doing. “On the seventh day of the trial, on a platform outside the Dayton, Tennessee courthouse, he called William Jennings Bryan to the stand as an expert on the Bible” (“People & Events” 1). His plan worked, allowing him to reduce the sentence to a reasonable consequence, but he was still unhappy about the verdict. He requested that the case be taken to a higher court in hopes of reversing the outcome. All in all, Henry’s actions are a near mirror image of Clarence’s.
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.
Claude M. Steele is the author of “ Whistling Vivaldi”, which mainly represents that the meaning of identity contingencies and stereotype threat, and how can these effect people’s ideas and behaviors. By writing this article, Steele tries to make people know exist of identity contingencies. Gina Crosley-Corcoran, who is a white woman suffered the poverty in her childhood. Through describing her miserable experiences in parallel construction to motivate readers sympathize her, moreover approving that she can as a powerful evidence for affirming the impact of identity contingencies. Crosley-Corcoran admits the white privilege really exist in some way in her article “ Explaining White Privilege to a Broke White Person”, and white privilege
On the morning of January 8th 1962, the Supreme Court received mail from prisoner 003826 of Florida State Prison, also known as Clarence Earl Gideon. In the envelope contained a hand written letter with questionable grammar from Gideon claiming that he was denied a fair trial due to the absence of a lawyer. Gideon’s writ of certiorari was an in forma pauperis petition or pauper’s petition. Due to the fact that most paupers’ petitions are from inmates who do not have the legal means to properly file a certiorari, the Court had special methods of handling cases such as Gideon’s. Paupers’ petitions according to Justice Frankfurter were “almost unintelligible and certainly do not present a clear statement of issues necessary for our understanding”(Lewis 35). It is reasonable to assume that the Court would not spend an exorbitant amount of time going through mounds of paupers’ petitions trying to find a case that seemed presentable. Statistically, about thirteen percent of petitions for certiorari on the regular docket are paupers’ petitions. In addition, only three percent of paupers’ petitions end up being granted. Nevertheless, Gideon’s case was treated just as equally as any other in forma pauperis case. Gideon’s handwritten documents were held for a month until Florida authorities replied to petition. A month passed by and Gideon’s petition was mailed to the office of Chief Justice Earl Warren in 1962. A conference was held in June to discuss whether or not Gideon’s petition should be granted. Gideon’s case was granted three days after the conference and from that day forward Gideon’s fight for justice would ensue. In the eyes of Gideon, an attorney was a fundamental right of due process. However, his biggest ch...
African-Americans have significantly contributed to the criminal justice field in the United States through presenting law cases in the Supreme Court and championing for civil rights. One of the African-American names mentioned among those that have had a significant contribution to this field is Thurgood “Thoroughgood” Marshall, who became the first African-American justice to be appointed to the U.S. Supreme Court, and the pioneer of civil rights. With regard to Thurgood Marshall, the purpose of this paper is to explore his contributions to civil rights in the field of criminal justice. To do so, this paper will examine Marshall’s childhood and family background, education, his
Auchampaugh, Phillip. "James Buchanan, The Court and the Dred Scott Case." Tennessee Historical Magazine January 9.4 (1926): 231-40. JSTOR. Web. 14 May 2014.
Gordon, Ann D. “The Trial of Susan B. Anthony”. Federal Judicial Center, Federal Judicial History Office, 2005.
Gitlow vs. New York is a case that influences the integrity of U.S legislative system importantly. In the 1925s, Benjamin Gitlow, a left wing socialist, published speeches of anti-government to advocate a new better communist government. His action caused the charge as unpopular and dangerous speech for the whole society from the New York state government, and his behavior became a court case. According to the website thefreedictionary.com, that “The opinions expressed in” “The Revolutionary Age” and “The Left Wing Manifesto” “formed the bases for the defendant's convictions under Sections 160 and 161 of the penal law of New York, which were the criminal anarchy statutes” (n.p). “The Revolutionary Age” and “The Left Wing Manifesto” ar...
evidence and the right of a condemned man to ask for testing.("A.B. Butler").He was exonerated by