Gideon v. Wainwright (1963) decision 2
docx
keyboard_arrow_up
School
Brookdale Community College *
*We aren’t endorsed by this school
Course
122
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
6
Uploaded by HighnessCrane2596
Gideon v. Wainwright (1963)
Research Question- What established that everyone has the right to a lawyer if they Cannot afford one?
Article 1
“
The Sixth Amendment guarantees a criminal defendant the right to have an attorney defend him or her at trial. That right is not dependent on the defendant’s ability to pay an
attorney; if a defendant cannot afford a lawyer, the government is required to provide one. The right to counsel is more than just the right to have an attorney physically present at criminal proceedings. The assistance provided by the attorney must be effective.”
The Sixth Amendment was ratified in 1791 as part of the Bill of Rights of the U.S. Constitution. The amendment guarantees the rights of the accused in criminal prosecutions.
My summary
If the Sixth Amendment wasn’t created, there would be no case between Gideon v. Wainwright. Not only would there be no case, no one would be able to hire an attorney if
they couldn’t afford one. Work Cited
“Sixth Amendment - Right to Assistance of Counsel.” Annenberg Classroom
, 27 Feb. 2019, www.annenbergclassroom.org/resource/right-assistance-
counsel/#:~:text=The%20Sixth%20Amendment%20guarantees%20a,is
%20required%20to%20provide%20one. Gideon v. Wainwright (1963)
Research Question- What determination has the Supreme Court made regarding afford a lawyer? Article 1
“Charged in a Florida State Court with a non capital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only. Petitioner conducted his own defense about as well as
could be expected of a layman, but he was convicted and sentenced to imprisonment. Subsequently, he applied to the State Supreme Court for a writ of habeas corpus, on the ground that his conviction violated his rights under the Federal Constitution. The State Supreme Court denied all relief.
Held:
The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction
without the assistance of counsel violated the Fourteenth Amendment. Betts v. Brady,
316 U. S. 455, overruled. Pp. 372 U. S. 336-345.”
My summary
In a unanimous decision, the Supreme Court upheld Gideon's right to legal representation in both federal and state courts. After the ruling, Gideon was granted a new trial with a new attorney and was found not guilty of the charges.
Work Cited
“Gideon v. Wainwright, 372 U.S. 335 (1963).” Justia Law
, supreme.justia.com/cases/federal/us/372/335/. Accessed 15 Oct. 2023. Gideon v. Wainwright (1963)
Research Question- What percentage of felony defendants Cannot afford an attorney?
Article 1
“
In the last year for which the Bureau of Justice Statistics published detailed figures, more than 80 percent of felony defendants charged with violent crimes in the largest U.S. counties could not afford to hire attorneys; the same was true for 66 percent of such defendants in U.S. district courts. Other estimates for the percentage of criminal cases involving indigent defendants nationwide put that figure as high as 90 percent. Current funding and staffing levels for publicly funded lawyers cannot keep up with this demand. One estimate suggests that 6,900 more public defenders would be needed to manage the current caseload in the United States.”
My summary
During the most recent year for which the Bureau of Justice Statistics released comprehensive data, over 80% of felony defendants accused of violent crimes in the biggest U.S. counties were unable to pay for legal representation; this also applied to 66% of such defendants in U.S. district courts.
Work Cited
Hananel Director, Sam, et al. “Making Justice Equal.” Center for American Progress
, 13 Oct. 2023, www.americanprogress.org/article/making-
justice-equal/#:~:text=In%20the%20last%20year%20for,defendants%20in%20U.S.
%20district%20courts. Gideon v. Wainwright (1963)
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Research Question- what was the court’s majority opinion in gideon v. wainwright?
Article 1
“
Justice Black wrote the majority opinion which was joined by Justices Warren, Douglas,
Brennan, Stewart, White, Clark, Harlan, and Goldberg. The Court held that that the Sixth Amendment Constitutional right reserves defendants the right to counsel in state criminal trials where the defendant is charged with a serious offense even if they cannot
afford or retain counsel on their own. The Court argued that the Sixth Amendment requires a state to provide defense lawyers if necessary because such lawyers are essential to a “fair trial.” Justice Black noted that “that government hires lawyers to prosecute and defendants who have the money hire lawyers to defend are the strongest
indications of the widespread belief that lawyers in criminal courts are necessities, not luxuries.” Indignant defendants should also be given the vital counsel in order to secure fairness in the courtroom.”
My summary
The Court was in favor of requiring an attorney for a defendant no matter the price that it
costs. In the end the court decides who deserves what and it ended in a way that will change American history forever.
Work Cited “Gideon v. Wainwright (1963).” US Conlawpedia
, sites.gsu.edu/us-
constipedia/gideon-v-wainwright-1963/#:~:text=In%20the%20petition%2C
%20Gideon%20alleged,United%20States%20Supreme%20Court%20decisions. Accessed 15 Oct. 2023. Gideon v. Wainwright (1963)
Research Question- What background or prior events caused the circumstances of the
case?
Article 2
“The petitioner was indicted for robbery in the Circuit Court of Carroll County, Maryland. Due to lack of funds he was unable to employ counsel, and so informed the judge at his arraignment. He requested that counsel be appointed for him. The judge advised him that this would not be done, as it was not the practice in Carroll County to appoint counsel for indigent defendants, save in prosecutions for murder and rape.
Without waiving his asserted right to counsel, the petitioner pleaded not guilty and elected to be tried without a jury. At his request, witnesses were summoned in his behalf. He cross-examined the State's witnesses and examined his own. The latter gave
testimony tending to establish an alibi. Although afforded the opportunity, he did not take
the witness stand. The judge found him guilty, and imposed a sentence of eight years.”
Later overruled by Gideon v. Wainwright, this decision held that defendants who cannot afford to pay a lawyer do not have the right to a state-appointed attorney.
My summary- Before Gideon v. Wainwright, another person had the same exact problem with the court and in the end Gideon has ultimately saved many lives with the appropriate counsel in the court of law.
Work Cited- “Betts v. Brady, 316 U.S. 455 (1942).” Justia Law
, supreme.justia.com/cases/federal/us/316/455/#:~:text=Brady%2C%20316%20U.S.
%20455%20(1942)&text=Later%20overruled%20by%20Gideon%20v,to%20a%20state
%2Dappointed%20attorney. Accessed 30 Oct. 2023.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help