Gideon V. Wainwright Summary

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.

FACTS: 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.

The cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964) and Miranda v. Arizona (1966), all helped define Due Process and the rights of defendants. In the court case of Gideon v. Wainwright, the Supreme Court ruled that if the defendant can not afford an attorney, then one will be provided for them. Also, under the Supreme Court’s ruling of the case of Miranda v. Arizona, meaning that when arrested, your basic rights must be stated, that you have the right to remain silent and that anything you say can and will be used in co...

However, the case of George Stinney was held in a state court. Primarily because of the lack of courts that were in favor of a black defendant, and the amount of racism that plagued the South at that time. Unlike in 1944, when Stinney was not given the chance to argue in court, and his then lawyer did not call witnesses or conduct cross examination, his new lawyer was given the opportunity to do so. Furthermore, this case was a state matter since it was a murder in South Carolina, and the jurisdiction of the crime was within the limits of the states to make the judgement. On the other hand, Stinneys` individual rights was violated, which then became a federal jurisdiction, and the federal court, then had judgement over this

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

Both the Fifth and Sixth Amendments to the U.S. Constitution involve the right to counsel. 6th amendment grants right to counsel ensures the right to effective assistance of counsel during the critical stages of a criminal prosecution. The Fifth Amendment right to counsel was recognized as part of Miranda v. Arizona and refers to the right to counsel during a custodial interrogation; Meaning It doesn 't necessarily mean handcuffed but the police have taken the suspect his or her freedom of action in any significant way for example a traffic stop. In this case the defendant was not taken to court instead he was arrested assuming that the Miranda rights were read to him dealing with this scenario on the 5th amendment.

Anthony Lewis was born in New York City on March 27th, 1927. As a prominent liberal, Lewis is responsible for several legal works such as, Make No Law: The Sullivan Case and the First Amendment, The Supreme Court and How It Works: The Story of the Gideon Case, and Portrait of a Decade: The Second American Revolution. Early in his career, Lewis began writing for the New York Times. Considered at "the far left of the spectrum" he is quite biased with regards to how much involvement the Supreme Court should have in our day-to-day lives. Generally, those who are liberal wish to change laws favoring the citizen, and obviously this carried over into Lewis's pro-stance towards Gideon's plea.

The 6th Amendment guarantees a person accused of a crime compulsory process, the right to present witnesses in his defense. The importance of compulsory process is illustrated in the case Washington vs. Texas, where Jackie Washington was tried for murder. A state court ruled that Washington could not have an accomplice in the crime testify in his defense. However, the Supreme Court ruled that the state’s refusal to allow the defendant a capable witness violated the 6th Amendment. Therefore, the Supreme Court overruled the court’s c...

A defendant is the individual that has been charged with a crime and is standing trial. A defendant in a criminal trial is usually under the custody of the justice system, having been arrested and escorted to the trial. It is up to the defendant to hire an attorney or his defense to represent him during the trial. A defendant is protected under the Constitution to have the right to have an attorney appointed to him if he can not afford one. When the Miranda Rights are read to one that has been arrested it states, “You have a right to an attorney. If you cannot afford an attorney, one will be appointed to you.” These rights are protected under the Fifth Amendment.

Does the person seeking the benefits of procedural due process under the fourteenth amendment to the United States Constitution or un...