Supreme Court Case: Gideon V. Wainwright
analytical Essay
674 words
Gideon v. Wainwright is a point of interest case in United States Supreme Court history. In it, the Supreme Court collectively decided that states are needed under the Fourteenth Amendment to the U.S. Constitution to give counsel in criminal cases to represent the defendants who cannot pay for their own particular lawyers. The case extended the privilege to direct, which had been found under the Fifth and Sixth Amendments to force necessities on the government, by decision that this privilege forced those prerequisites upon the states also. Between 12 am and 8:00 a.m. on June 3, 1961, a theft happened at the Bay Harbor Pool Room in Panama City, Florida. An obscure individual broke an entryway, crushed a cigarette machine and a turn table, …show more content…
In this essay, the author
- Explains that gideon v. wainwright is a point of interest case in united states supreme court history.
- Narrates how an obscure individual broke an entryway, crushed a cigarette machine, and stole cash from the money register. a witness reported seeing clarence earl gideon in the poolroom at 5:30 that morning.
- Explains that gideon's court declined to appoint counsel because he was charged with capital offenses. he was constrained to go about as his own knowledge and conduct his specific protection in court, complementing his irreproachability.
- Explains that gideon picked w. fred turner to be his legal advisor in his second trial. the retrial occurred on august 5, 1963, five months after the supreme court ruling.
- Analyzes the supreme court's inventive approach to manage criminal value in the 1950s and 1960s. the court accreditation of the consecrated benefits of criminal disputants included less surely understood cases.
Because under the laws of Florida, they can only appoint a counsel to represent a defendant is if he is being charged with a capital offense. So the Florida court declined to pick counsel for Gideon. Along these lines, he was constrained to go about as his own specific knowledge and conduct his own specific protection in court, complementing his irreproachability for the circumstance. At the trial's complete the jury gave back a guilty choice. The court sentenced Gideon to serve five years in the state correctional facility. From the jail cell at Florida State Prison, making utilization of the jail library and writing in pencil on jail stationery, Gideon spoke to the United States Supreme Court in a suit against the Secretary of the Florida Department of Corrections, H.G. Cochran. Cochran later resigned and was supplanted with Louie L. Wainwright before the case was heard by the Supreme Court. Gideon contended in his allure that he had been denied advice and, consequently, his Sixth Amendment rights, as connected to the states by the Fourteenth Amendment, had been …show more content…
Wainwright was a bit of the Supreme Court's inventive approach to manage criminal value in the 1950s and 1960s. The Warren Court built up an uncommon group of rights to criminal defendants, including the benefit to heading in rounds of questioning; the benefit to stay calm in the midst of catch and tending to, and the benefit to be taught of these rights . The Court's accreditation of the consecrated benefits of criminal disputants moreover included less surely understood cases. For example, in Griffin v. Illinois (1956), the Court chose that states must give trial transcripts to criminal respondents searching for case. In these cases, the Supreme Court saw that, in an overall population of fundamentally unequal resources, poorly arranged criminal value, and absence of attention to complex law, value can simply win if the state gives a neediness stricken respondent a legal
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- How the Earl Warren Court Liberalized Americaanalytical essayThe 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...
In this essay, the author
- Explains that the supreme court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school.
- Analyzes how the warren court liberalized america by focusing on the right to privacy, the exclusionary rule, and the segregation of public schools.
- Explains that the warren court liberalized america in many ways, with the cases of miranda v. arizona, gideon and wainwright, and the 1st amendment.
- Explains that the warren court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.
834 wordsRead More - gideonexplanatory essayAlthough he barely finished the eighth-grade, when Gideon was arrested he knew two things: one of which was that he had not committed this crime and the second is he would not have a chance to convince a jury that he was not guilty if he did not have a lawyer. Because Gideon could not afford a lawyer, he asked a judge to appoint a lawyer to represent him. The judge refused and Gideon was convicted. He was sentenced to five years in jail, which gave him a lot of time on his hands. He put that time to good use.
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.
784 wordsRead More - Gideon's Trumpetopinion essayOn the night of June 3, 1961, Clearance Gideon broke into a pool room and smashed a cigarette machine and a juke box, taking some money from both and cigarettes. Later that morning a witness reported seeing Gideon break into the pool hall. The police found him a few hours later with a pint of wine and some spare change, he was arrested and charged with breaking and entering.
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 Fourth Amendmentanalytical essaySince the ratification of the first ten amendments, also known as the Bill of Rights, a concept of justice and liberty was implemented into the lives of many American citizens. Americans seek equal protection in response to issues and notably, many congressional cases. The rule of law in society had become much more complex than it had been when the century began so, therefore, the United States Supreme Court plays an essential role in weighing our nation’s inalienable rights with natural law. The decisions made by the Supreme Court to selectively “incorporate” the provisions of the Bill of Rights through the Fourteenth Amendment expand the fundamental rights of the people and impose limitation on states’ power. Along with the Bill of Rights,
In this essay, the author
- Analyzes how the fourteenth amendment, which guarantees due process and equal protection under the laws, played an important role in mcdonald's rulings.
- Analyzes how selective incorporation was portrayed in gideon v. wainwright, wherein the warren court nationalized the sixth amendment right to counsel.
- Analyzes how the united states supreme court reversed the conviction of lawrence robinson for an addiction to narcotics. the eighth amendment helped amend the criminal justice system.
- Explains that the fourth amendment was incorporated and enforced against the states through the due process of the fourteenth amendment.
- Explains that selective incorporation nationalized the first ten amendments of the constitution through the fourteenth amendment. the process provided our nation with equal protection and due process of law.
- Explains that the united states supreme court plays an essential role in weighing our nation's inalienable rights with natural law. the fourteenth amendment expands the fundamental rights of the people and imposes limitations on states' power.
1441 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
- Explains that prior ussc decisions have held that assistance of counsel is deemed necessary to ensure fundamental rights of life and liberty.
494 wordsRead More - The Supreme Court Case Miranda V. Arizonaanalytical essayThe Supreme Court case Miranda V. Arizona examined the Fifth Amendment presences inside the criminal justice system. The Fifth Amendment addresses the "rights of persons," mainly in the context of the criminal justice system also prohibits being tried twice for the same crime, requires due process of the law his also includes the right to not have land taken away by the government which also legally known as eminent domain without due process. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In this essay, the author
- Explains that the supreme court case miranda v. arizona examined the fifth amendment presences inside the criminal justice system.
- Analyzes how the supreme court considered the power dynamics between a police officer and an offender during the miranda v. arizona hearing.
- Opines that the detainee may be fearful, ignorant, and more than likely will cooperate, due to intimidation. the justices stated that an interrogation atmosphere is equally destructive of human dignity.
- Describes how ernesto miranda was arrested at his home and taken in custody after being identified by a complaining witness. he was questioned by two police officers, who left the interrogation room with miranda's signed written confession.
- Explains that miranda was sentenced to 20 to 30 years in prison for kidnapping and rape. miranda's constitutional rights were not violated, since he did not specifically ask for legal counsel.
- Analyzes how the supreme court reversed the lower court's decision. the court found that the defendant was not made aware of his right to consult with an attorney based off the testimony of the two integrated officers.
- Argues that miranda's written statements were inadmissible since the officers failed to notify him of his rights during his interrogation.
- Explains that the supreme court believes the fifth amendment's privileges are fundamental to constitutional rule. the warning needs to explain the consequences that may affect the individual in court.
- Explains that a person in police custody that is subjected to interrogation must first be informed in terms that are clear and unequivocal, that they have the right to remain silent.
1255 wordsRead More - Essay On Miranda V Arizonaanalytical essayThe Supreme Court of the United States in a 5-4 ruling decided in favor of Miranda. The Supreme Court felt that since an interrogation is a very intimidating spot to be on the suspect 's rights are automatically triggered. This includes the fifth amendment and the the sixth amendment which entitles a person to an attorney. They claimed that undoubtedly the fifth amendment is a privilege. Along with this case they also settled four other cases that were similarly close
In this essay, the author
- Explains that the supreme court of the united states in a 5-4 ruling decided in favor of miranda. they said that since an interrogation is an intimidating spot to be on the suspect's rights are automatically triggered.
- Analyzes the dissenting opinions of justice byron white and justice john marshall harlan on the miranda v. arizona case.
- Opines that even though a person is being criminalized, it does not mean that law officials should take advantage of them.
- Analyzes how miranda v. arizona revolutionized the rights of an accused while in custody and interrogation. the supreme court of arizona ruled that his constitutional rights were not violated.
1071 wordsRead More - ... was instrumental to recognition of the constitutional right to privacy and the interpretation of the Ninth Amendment. This case shows that the Constitution is a living document that can be maneuvered to accommodate for the adaption of American peoples. While it is a stationary and unchanging document, unique interpretations can be gleamed.
In this essay, the author
- Explains that many americans feel the right to privacy is within the constitution that the founding fathers wrote, but this hasn't always been the case. the supreme court initially acknowledged protection under the fourteenth amendment due process clause for personal privacy and freedom from government intrusions
- Explains that meyer v. nebraska was one of the first cases to explore the right to privacy. the supreme court struck down a state law that prohibited the teaching of german and other foreign languages in public schools until ninth grade.
- Explains that the fourteenth amendment guarantees freedom from bodily restraint and the right to contract, engage in common occupations, acquire useful knowledge, and marry.
- Analyzes how griswold v. connecticut established penumbral rights within the bill of rights. the connecticut law prohibited the use of any drug medicinal article or instrument for the purpose of preventing conception.
- Explains that there were many attempts to challenge the constitutionality of the law, including tileston v. ullman (1943) and poe
- Describes how the executive director of planned parenthood, estelle griswold, and a physician and professor at the yale school of medicine, dr. c. lee buxton, were arrested in violation of connecticut law for providing contraception to married persons.
- Analyzes the violation of the fourteenth amendment’s due process clause, which claims that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of united states.
- Explains that the supreme court declared the connecticut law unconstitutional, as it violated a constitutional right to privacy.
- Explains that the griswold decision created penumbral rights within the bill of rights regarding privacy. the supreme court found the right to privacy in two locations.
- Explains that this decision opened the door to zones of privacy under the first, third, fourth, fifth, and ninth amendments.
- Analyzes how justice douglas argues that the first amendment is an emanation from the first amendment that affords association of a protected status.
- Explains that the third, fourth, and fifth amendments contribute to penumbral zones of privacy. the third protects against the quartering of solidiers in homes.
- Explains that the ninth amendment is the second important source of privacy in the bill of rights. justice goldberg in his concurring opinion found the right to privacy as a retained right.
- Analyzes justice black's strongly worded dissent in the griswold decision discrediting the majority opinion and urging the court to get back to economic and social legislation.
- Opines that many believe the griswold decision was a tad more muted than it could have been.
- Opines that the criticism stems from the penumbral rights drawn from justice douglas. it is hard to tell which rights are retained but enumerated with this system.
- Opines that the supreme court used legislative magic to find the right to privacy. penumbral rights are a stretch, but with enough different references within the bill of rights it works out for the better.
- Explains that in a post-griswold society, many cases have arisen to understand the supreme court interpretation of privacy.
- Opines that privacy comes from the penumbral rights found in the bill of rights in this case. the only way this will be overturned is if a constitutional amendment is passed.
- Analyzes how griswold's case shows that the constitution is a living document that can be maneuvered to accommodate the adaption of american peoples.
- Explains that privacy is a flame that is not dying out. americans enjoy the claim that they have the right to privacy; before the griswold decision, this was not an explicit right.
- Opines that the future of privacy protection remains open to interpretation. the current justices want a narrower view, while the public wants an unambiguous view.
1450 wordsRead More - Public Defendersexplanatory essayThere was a big change in 1963 when the landmark case Gideon v. Wainwright transformed the way state courts applied the right to counsel to indigent defend...
In this essay, the author
- Explains that while the neighborhood defender service is a non-profit organization, public defender programs receive their funding from local and state sources and occasionally private organizations contribute.
- Explains that the sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. public defender programs are a popular system used by many states today.
- Explains that public defenders have low pay, high caseloads, uncooperative clients, and limited resources. they cite a study that found that there were two different types of incentives: pragmatic and political.
- Explains that budget cuts are depriving defendants of competent lawyering.
2207 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.
- Analyzes how the florida state violated gideon's sixth amendment right to counsel because they did not provide him with counsel for his criminal defense.
- Analyzes how the court ruled unanimously in gideon's favor and held that the fourteenth amendment included state as well as federal defendants.
402 wordsRead More