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Gideon v wainwright analysis
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Gideon v wainwright analysis
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Gideon’s Trumpet
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...
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...ntil attorneys ensure justice for each case of the poor and vulnerable. Until then, the fundamental and essential right to fairness and justice established by Gideon v. Wainwright will continue to be questioned.
Works Cited
Citations
Lewis, Anthony. Gideon's Trumpet. New York: Random House, 1964. Print.
"Facts and Case Summary: Gideon v. Wainwright." USCOURTSGOV RSS. N.p., n.d. Web. 25 Feb. 2014.
"'Gideon v. Wainwright', Fifty Years Later | The Nation." 'Gideon v. Wainwright', Fifty Years Later | The Nation. N.p., n.d. Web. 27 Feb. 2014.
"Gideon v. Wainwright." LII / Legal Information Institute. N.p., n.d. Web. 27 Feb. 2014.
"Overloaded Public Defense Systems Result in More Prison Time, Less Justice." — Justice Policy Institute. N.p., n.d. Web. 26 Feb. 2014.
"3Qs: The Last Impact Of Historic Gideon Ruling." News Northeastern. N.p., n.d. Web. 27 Feb. 2014.
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.
middle of paper ... ... Works Cited "Gideon v. Wainwright (No. 155).". legal information institute, LII. Cornell University Law School, n.d. Web.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
Carson, D. A. New Bible Commentary: 21st Century Edition. 4th ed. Leicester, England; Downers Grove, IL: Inter-Varsity Press, 1994.
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.
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
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.
One of the key aspects that may have led to the initial stages of the trials and ultimate spiral out of control is the religious context of Ne...
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
The 6th amendement of the U.S. Constituion gurantees the acussed the right to a speedy trial. In New York more specifically, the prosecution must be ready for trial on all felonies except murder within six months, or the charges aginst a defendant can be dissmissed. However, an article written in The New Yorker by Jennifer Gonnerman about a young man named Kalief Browder, sheds light on a situation that is should have been handled more differently. Kalief browder spend three years on Rikers Island in what could only be described as horrible conditions, and suffered appalling violence, without ever being convicted of a crime. The failure of our Criminal Justice System not only deprived Kalief Browder the right to a speedy trial, but also robbed such a young man of an education, and most importantly his freedom. - Thesis Statement .
Just Mercy documents the incredible and heart wrenching experiences of Equal Justice Initiative founder and attorney extraordinaire, Bryan Stevenson. Stevenson’s niche is a unique and unexpected focus for a lawyer. He works with people that society often wrongfully characterizes as “criminals” that are usually either on death row or condemned to life in prison. Before seeing a segment of Opera’s interview with Stevenson, and reading this book, I couldn’t understand what typically motivates a lawyer to want to protect the rights of criminals and the un-just. In fact, one of Stevenson’s early mentors, Steve Bright, explained the, “‘opportunity’ isn’t necessarily the first word people think of when they think about doing work with us [Southern Prisoners Defense Committee],” because, “they live[ed] kind of simply, and the hours are pretty insane,” (Stevenson 2014, 6). However, a young Stevenson was undeterred by this claim, and went on to work some incredible cases, and exonerate many innocent and suffering individuals.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
Main Events in the history of Jerusalem. (n.d.). Retrieved May 8, 2011, from Century One Educational Bookstore: http://www.centuryone.com/hstjrslm.html
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association