Gideon V. Wainwright Case
explanatory Essay
916 words
Imagine being forced to defend yourself in court, could you do it successfully? Not
everyone can. Clarence Earl Gideon was born on August 30, 1910, to Charles R. and Virginia
Gregory Gideon in Hannibal, Missouri. Growing up he had a rough childhood and a broken
family. All of this turned him to a life of crime. He had very little money, leading him to do
things he most likely regretted. His jury and court decided to charge him with five years in
prison. He did not have an attorney present with him during the trial. Why? He could not afford
one and the court feeling less than generous did not provide one for him. Having to defend
himself in court landed him in prison yet again. In the case of Gideon v. Wainwright on an
evening in 1961 someone
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In this essay, the author
- Explains that ernesto miranda gave everyone miranda rights, meaning everyone has miranda rights read to.
- Explains that clarence earl gideon was born on august 30, 1910, in hannibal, missouri. growing up, he had a rough childhood and broken family, leading him to crime.
- Narrates how clarence ran away from his troubled house when he was 14 years old and began working at a shoe factory that paid him $2.00 an hour. he was arrested and sentenced 10 years in prison but later paroled after three years and four months.
- Narrates how the trial judge denied gideon's request for an attorney because of florida law.
- Narrates how gideon tried to prove his innocence to the jury and was sentenced to five years in prison.
- Explains that the supreme court of the united states ruled by the sixth amendment saying that he has a right to fair trial and an attorney. everyone has equal protection of laws no matter what race, religion, age, gender, felon or innocent
- Explains that attorneys are present during the trial and can be used in other cases if necessary.
- Narrates how gideon was found guilty of breaking and entering a pool hall and stealing money from vending machines. he was convicted with five years in prison. the supreme court of florida denied his petition and agreed to review his trial.
For example,
thanks to Ernesto Miranda everyone has the Miranda Rights, meaning we have our rights read to
us when we are being arrested so we do not incriminate ourselves.
To overall summarize the Gideon v. Wainwright case, Clarence Earl Gideon was accused
and found guilty of breaking and entering a pool hall and stealing a small amount of money from
vending machines. He was found guilty and was convicted with five years in prison. He sent a
petition saying he was unconstitutionally tried because he was not able to afford an attorney and
one was not provided for him. The Supreme Court of Florida denied his petition so he sent one to
the Supreme Court of the United States and they agreed to review his trial. Gideon one his case
and was released of his sentence when they ruled in his favor using the Sixth Amendment, the
right to a fair trial. Gideon should have been given a defense attorney whether he could have
afforded one or not. The court made the right decision by ruling Gideon’s case an unfair trial,
using the fact that everyone is entitled to having an defense attorney
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- gideonexplanatory essayFirst, he filed a petition before the Florida Supreme Court. The petition was denied. So then he decided to file a petition in the U.S. Supreme Court arguing that putting him on trial without a lawyer was...
In this essay, the author
- Explains how clarence gideon, a prison inmate who didn't have money, took his case to the united states supreme court and won important rights.
- Narrates how gideon knew he wasn't guilty of a crime, and that his lawyer would not be able to convince the jury. he was convicted and sentenced to five years in jail.
- Narrates how gideon filed a petition before the florida supreme court, which was denied, and argued that putting him on trial was unfair because it denied him due process of law guaranteed by the 14th amendment.
- Explains that gideon's petition against wainwright was based on his belief that he had been denied his constitutional rights and was held in prison illegally. the supreme court ruled that anyone who could afford a lawyer always hired one.
- Opines that clarence gideon's handwritten petition to the supreme court gave all of us the right to have an attorney appointed for us if we can't afford a lawyer.
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1428 wordsRead More - Gideon vs. Wainwrightanalytical essayClarence 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 this essay, the author
- Explains that 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. the judge denied the request and appointed abe fortas as his lawyer.
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908 wordsRead More - gideon v wainrightexplanatory essayFACTS: Gideon, the petitioner, was charged in a Florida State Court for breaking and entering into a poolroom with the intent to commit a misdemeanor. This is a felony under Florida State Law. Due to lack of funds, he asked the court to appoint counsel for him and was denied. The court stated that under Florida state law, counsel could only be appointed to represent a defendant when that person is charged with a capital offense. Gideon unsuccessfully represented himself at trial, which resulted in a verdict of guilty. He was sentenced to five years in state prison. Gideon then filed in the Florida Supreme Court this habeas corpus petition (A judicial mandate ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned unlawfully and whether or not he should be released from custody. The petition is brought by a person who objects to his own or another’s detention or imprisonment). He alleged that the courts refusal to appoint counsel for him violated his right to counsel under the Sixth Amendment. In Federal Court, counsel must be appointed to an indigent defendant unless otherwise waived. The Florida Supreme Court denied relief. The United States Supreme Court (USSC) granted certiorari, which gives them the authority to review the case. The court relies on the decision in Betts v. Brady, 316 U.S. 455. Betts was indicted for robbery in a Maryland State Court. He asked the court to appoint counsel for him and was denied. He was found guilty by the judge, sitting without a jury, and sentenced to eight years in prison. The court in Betts held that the Sixth Amendment was not a fundamental right and therefore was not applicable in State Courts under the Fourteenth Amendment.
In this essay, the author
- Explains that gideon, the petitioner, was charged with breaking and entering into a poolroom with the intent to commit felony under florida state law.
- Explains that whether right to counsel is applicable in state courts under the fourteenth amendment depends on whether it is considered fundamental and essential to a fair trial.
- Explains that the ussc overturned the decision in betts v. brady and held that appointment of counsel to defendants in all criminal prosecutions may also be applied
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1055 wordsRead More - Gideon's Trumpetopinion essayAt 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.
In this essay, the author
- Explains that gideon's trumpet is the true story of a semiliterate drifter who is arrested for burglary and petty theft.
- Describes how clearance gideon broke into a pool room on june 3, 1961, smashed cigarette machines and juke boxes, took money from both, and was arrested and charged with breaking and entering.
- Explains that gideon couldn't afford a lawyer, so he asked the judge to nominate him one. the judge turned down his request, saying that the state did not have to pay for poor people's legal defense unless they were charged with capital crimes.
- Explains that gideon did a horrible job of defending himself in court. he was sentenced to five years in florida state prison mostly due to his prior past record.
- Describes how gideon's petition to the supreme court of the united states allowed him to file a writ of certiorari and he was retried.
- Recommends gideon's trumpet to anyone who wants to learn about the court systems and how one person can change the course of time and law.
- Opines that if an obscure florida convict named clarence earl gideon hadn't sat down in prison with pencil and paper to write a letter to the supreme court, the vast machinery of american law would have gone on undisturbed
- Opines that gideon's letter was retried, found not guilty, and released from prison after two years of punishment for a crime he did not commit.
661 wordsRead More - The Patriot Act Essayopinion essay...rs and never charged with a crime. He was released only when a federal judge said to do so (Skepticism.org, 2001). He didn’t have a trial and no witnesses to anything he did.
In this essay, the author
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- Opines that the bill of rights is the cornerstone of our country and helps balance the protection of the people’s liberty by the federal government.
- Opines that the usa patriot act violates many of these rights. the government can prosecute anyone who tells someone else information about something related to terrorism.
- Analyzes how the government has used its new power to shut down websites pertaining to terrorism.
- Explains that amendment iv to the us constitution is freedom from unreasonable searches and seizures. the patriot act lets the government search and seize without probable cause when assisting a terrorism investigation.
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1206 wordsRead More - sentenced to 63 years in prison. Once again, his term was reduced, and he moved
In this essay, the author
- Narrates how cain talked with abel, his brother, and it came to pass, when they were together.
- Explains that they are never convicted or sentenced to death for a crime they did not commit.
- Narrates how he was sentenced to 63 years in prison, but his term was reduced, and moved on.
- Opines that life was beyond the realm of reform, and did not care to be.
- Opines that without a child, and with the added burden of new baby, they are unable to bear the burden.
- Opines that the fetus would not survive without it.
- Opines that to get out of bed, she must take medicine to deal with the ordeal.
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- Explains that murder was justifiable if one had a reason. back then, it was an eye-for-an-eye, tooth for-a-tooth.
- Opines that the man knew exactly what he was doing. he ruined the lives of 4 children.
- Opines that neither realizes that the life of a child must be protected to the fullest extent of the law.
- Explains that the question of whether abortion is murder or not has been fought over for decades.
- Explains that abortion is not murder. the fetus is a living organism, but so is the sperm and egg.
- Opines that we should have at least the small comfort of knowing that if we are deathly ill, we can choose whether or not we die.
- Explains that horses are put to death if they break or sprain their leg because the leg will never heal.
- Explains that murder is not simply the killing of another human being, but the unlawful murder of someone else.
- Opines that if a mother does not wish to be pregnant, it is her right to abort the fetus before it's born. if someone in insufferable agony and pain wishes to die, the only right thing to do is to.
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