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
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
The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
On 14th September 1984, he was convicted of provoked burglary, three murders and rape at Sheffield crown court. The applicant was sentenced to a term of life imprisonment by the trial judge and recommended a minimum tariff of 18 years to the secretary of state for
Clarence Earl Gideon was born on August 30, 1910 in the state of Hannibal, Missouri. His father’s name was Charles Gideon and his mother’s was Virginia Gideon. In 1913 Charles Gideon died just a few days after the third birthday of Clarence. Virginia remarried a man named Marion Frances Anderson when he was five. After this second marriage Clarence became siblings with Roy E Ogden, his half-sister and a half-brother named Russell Lee Anderson. Clarence thought his step-father was a really good man, despite being uneducated. This was, of course, the case until Clarence reached the eighth grade of school in Hannibal. His...
sentenced to spend the rest of his life in prison. The case against him was largely
- He has been convicted of rape three times and murder three times along with one false imprisonment.
He was claiming to be innocent at all times but he didn’t have a good legal representation, his lawyer never visit him in jail, as punishment he was in solitary confine for 2 years consecutives,
In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The Judge said he was sorry but he could not do that, because the laws of Florida called for appointment of counsel only when a defendant was charged with a capital offense [where the death penalty might be imposed]. When the Florida courts denied his claim, he went to the Supreme Court. In his prison he submitted a petition, handwritten in pencil, arguing that Florida had ignored a rule laid down by the Supreme Court: “ that all citizens tried for a felony crime should have aid of counsel.” Oral arguments were heard on January 15,1962 and the decision was announced on March 18, 1963.
unjustly put into jail. He accepts going to jail even though he was put in jail
Clarence Earl Gideon then filed a motion not to be retried on the basis that it was against his Fifth Amendment right to be retried for the same offense twice since it was double jeopardy. His motion was overruled due to a prisoner can be retried for the same offense twice when he or she was the one that petitioned for the retrial. Two years after his conviction, Clarence Earl Gideon was going to stand trial in Panama City, Florida for a second time; this time he had a competent lawyer appointed by the court.
Petitioner Lazarus Na~ari comes now pro se to move this Honorable Court to grant this petition for 1st Amendment Religious Freedom Right and to remove the cruel and unusual punisliment to Petitioner by religious restraints to his spiritual consciousness pursuant to section 5 of 14 Amendment.
intelligent mind to escape the prison. He went on and made his way to Florida for no
everything he owned. He took refuge in criminal activity, and was sent to prison. His
court to put him in a high security prison instead of a low security mental hospital. They
before he was even convicted of the crime! Mr. Stevenson spends so much time advocating for
The Miranda rights also allow a suspect to get a lawyer to represent them. This evens the field for many poor criminals. according to oyez when Miranda appeled to the Arizona supreme court they said that his sixth amendment was not violated because he did not advise to counsel. If Miranda was aware of his rights he could have had a lawyer present when questioned. Many of the criminals can’t pay for a lawyer so they wont get one. And when you make people aware of their rights you will understand that a