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Essay gideon vs wainwright case analysis
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Summary:
Published in 1964, Gideon's Trumpet is based off a true story of one man's quest to be given the right to have a counsel appointed to him by the court. Constitution's Sixth Amendment declared he had a right to counsel and he fought hard to obtain justice. If Gideon didn't realize that he had a right to counsel, this case would have never been held and the legal sytem might still be the same today! Clarence Earl Gideon is a man that most Americans outside of the legal system, as well as within it, would not even recognize who he was. The author, Anthony Lewis, wanted this change and wanted the citizens of the United States to see the dramatic impact that the Gideon's case had on the legal system. Gideon felt like he was in an unfair situation and filled out a hand-written petition for writ of certiorari to the Supreme Court. Lewis brings to life the story of the man behind the case, preserving an important piece that has forever changed the legal and social history.
Gideon was in and out of prison cells must of his adult life but was not considered to be characterized as a professional criminal or even a violent person. He had trouble just fitting into the rest of society and as the author wrote, "Those who had known him, even the men who had arrested him and those who were now his jailers, considered Gideon a perfectly harmless human being, rather likeable, but one tossed aside by life. Anyone meeting him for the first time would be likely to regard him as the most wretched of men"(Lewis 6). Gideon cared so much about life and freedom and felt betrayed by the court of Florida and was not going to stop until he could change it. Arrested in 1961, Gideon had been charged with breaking and entering a poolhall in Panama Cit...
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...individual can completely change the way the Courts view a defendant. During this time period the system only viewed people with special circumstances (EX: Mentally Ill) or those who have raped or murdered to be assigned counsel, but it seems obvious that every criminal should be entitled to be appointed counsel. That is exactly what Gideon fought for, he believed he was innocent and the only way to prove this is with a lawyer who understands the "ins" and the "outs" of the legal system to give their client the best possible outcome.
I would recommend this book to all pursuing undergrad and graduate Law students because it shows how one person can change the Supreme Court's ruling. With all of the legal input and jargon throughout the entire book will benfit law students and they will understand that no matter how small or weak, the common people have the power.
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.
The movie starts off with Gideon being charged with petty theft and going to court. Gideon is considered a have-not; he is extremely poor and barely literate. When he gets to court, he asks the judge to appoint him a lawyer because he cannot afford one. The judge denies this, saying that in Florida the only time the court can appoint council is if the defendant had committed a capitol offense. Because of this, Gideon is unable to provide a solid defense and is declared guilty and sentenced to five years in prison. Being a have-not, the judge’s decision to not appoint Gideon a lawyer wasn’t even
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
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.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
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.
Gideon did a horrible job of defending himself in court. He was found guilty of breaking and entering and petty larceny, which was a felony. Gideon was sentenced to five years in Florida State prison mostly due to his prior...
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.
Caldwell, Malcolm. “The Courthouse Ring: Atticus Finch and the Limits of Southern Liberalism.” Harper Lee’s To Kill a Mockingbird: New Essays. Meyer, Michael J. Lanham, Md: Scarecrow Press, 2010. 57-65. Print.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Johnson, Claudia. "The Secret Courts of Men's Hearts: Code and Law in Harper Lee's To Kill a Mockingbird." Studies in American Fiction (1991):129-139.
Kay, H. H. (2004, Jan). Ruth Bader Ginsburg, Professor of Law. Columbia Law Review, 104, 1-20. doi:10.2307/4099343
The significant impact Robert Dahl’s article, “Decision-Making in a Democracy: the Supreme Court as a National Policy-Maker” created for our thought on the Supreme Court it that it thoroughly paved the way towards exemplifying the relationship between public opinion and the United States Supreme Court. Dahl significantly was able to provide linkages between the Supreme Court and the environment that surrounds it in order for others to better understand the fundamental aspects that link the two together and explore possible reasoning and potential outcomes of the Court.
The Nine, written by Jeffrey Toobin, describes the Supreme Court. Toobin gives the readers insight to how the court comes to important decisions by describing the justices. Each fairly recent justice has their own part where Toobin explains their personality and life. These stories help the readers understand how the court works and how the court has changed over time. Toobin also goes into detail about some important cases brought to the supreme court, such as Clinton v. Jones. Other cases which continually have arisen over and over through history are referred to several times through the book like Roe v. Wade. Overall, The Nine shows how the court has changed overtime through the different justices.
Dahl, R. A. (2001). Decision-making in a democracy: the Supreme Court as a national policy-maker. (Honorary Reprint). Emory Law Journal, 50(2), 563–582.