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an essay on the sixth amendment
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For more than a dozen years, Clarence Earl Gideon lay buried in a nondescript, unmarked grave in Hannibal, Missouri. Most Americans outside of the legal community (and many within it) would neither recognize Gideon's name, nor understand the seismic impact he had on our legal system. Fortunately, Anthony Lewis, the renowned journalist now retired from The New York Times, chronicled Gideon's saga from the filing of his hand-written petition for writ of certiorari with the Supreme Court to the momentous decision of March 18, 1963. Lewis brings to life the story of the man behind the case, the legal machinations of the court appointed lawyer (and others working with him) toiling on Gideon's behalf and the inner-workings of the Supreme Court. By telling the story, Lewis has preserved an important piece of legal and social history and we are all the richer for his doing so. First published in 1964, Gideon's Trumpet is a timeless treatment of one man's passionate quest to right a perceived wrong and his unfailing belief that when the Constitution's Sixth Amendment declared he had a right to counsel, the Constitution meant what it said. What he sought, really, was justice. Of course, Gideon's quest was not his alone after the petition was granted, and it did not take place in a vacuum, but without his belief that the right to counsel had meaning for even the destitute, change would likely have taken significantly longer. Clarence Gideon had spent a considerable portion of his adult life in and out of prisons. While he could not fairly be characterized as a professional criminal, or violent person, he never really adjusted to mainstream life. As Lewis puts it, "[T]hose who had known him, even the men who had arrested him and those... ... middle of paper ... ...arl Gideon had not sat down in his prison cell . . . to write a letter to the Supreme Court . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed." In 1984, nearly thirteen years after he was laid to rest in the unmarked grave in Hannibal, Missouri, the Eastern Missouri chapter of the ACLU placed a marker on Clarence Gideon's grave. The marker reads, "Each era finds an improvement in law for the benefit of mankind." Those eternal words are a fitting tribute to an ordinary American who believed in justice and pursued it with a passion. Gideon's Trumpet is an interesting and well written recognition of that man and reminds us that there are those rare times when one person can be a catalyst for change.
...his seemingly routine case of fornication and premarital pregnancy proved to be significant for early American legal history. The unfolding of this story and the legal changes that it brought about makes evident that by the end of the seventeenth century, The Eastern Shore had shaped a distinct legal culture. The characters involved in each case also revealed the extent the powerful players were able to shape the law to their own self-interests. The goal of the powers to be was to protect property interests, protect personal reputation and liberty, and to maintain social order.
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...
In Gideon's Trumpet Anthony Lewis documents Clarence Earl Gideon's struggle for a lawyer, during an era where it was not necessary in the due process to appoint an attorney to those convicted.
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
This was a very controversial issue, because the court faced the decision of whether to go with the laws that the forefathers had come up with or grant people right to counsel so that the truth can be brought out. The issue was whether the state of Florida violated Gideon's Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, because they did not provide him with the assistance of counsel for his criminal defense.
African-Americans have significantly contributed to the criminal justice field in the United States through presenting law cases in the Supreme Court and championing for civil rights. One of the African-American names mentioned among those that have had a significant contribution to this field is Thurgood “Thoroughgood” Marshall, who became the first African-American justice to be appointed to the U.S. Supreme Court, and the pioneer of civil rights. With regard to Thurgood Marshall, the purpose of this paper is to explore his contributions to civil rights in the field of criminal justice. To do so, this paper will examine Marshall’s childhood and family background, education, his
In the early twentieth century, the United States was undergoing a dramatic social change. Slavery had been abolished decades before, but the southern states were still attempting to restrict social interaction among people of different races. In particular, blacks were subject to special Jim Crow laws which restricted their rights and attempted to keep the race inferior to whites. Even beyond these laws, however, blacks were feeling the pressure of prejudice. In the legal system, blacks were not judged by a group of their peers; rather, they were judged by a group of twelve white men. In serious court cases involving capital offenses, the outcome always proved to be a guilty verdict. In Harper Lee’s novel, To Kill a Mockingbird, the plot revolves around a Depression-era court case of a black man accused of raping a white woman. The defendant Tom Robinson is presumed guilty because of one thing alone: the color of his skin.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
Hello, and welcome to an essay about the Ministers black veil, By Nathanial Hawthorne. The story is mostly about how the priest is dressed in the black veil after he had an affair with the maiden. So, this is why he is hiding his sins from himself and from the rest of the world, because why would the minister put on a black veil after the maiden’s funeral? Also, why would he hide his face with a black veil instead of a white veil?
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
“The case Against the Death Penalty.” aclu.org. American Civil Liberties Union, 2012. Web. 12 Feb. 2013
A true war story blurs the line between fact and fiction, where it is neither true nor false at the same time. What is true and what is not depends on how much you believe it to be. In the chapter “How to Tell a True War Story” from the novel “The Things They Carried” by Tim O’Brien, the author provides various definitions to how the validity of a war story can be judged. The entire chapter is a collection of definitions that describe the various truths to what a true war story is. Unlike O’Brien, who is a novelist and storyteller, David Finkel, the author of “The Good Soldiers”, is a journalist whose job is to report the facts. Yet in the selection that we read, chapter nine, Finkel uses the convention of storytelling, which relies heavily on the stories the combat troops tell each other or him personally. Finkel attempts to give an unbiased view of the Iraq war through the stories of the soldiers but in doing so, Finkel forfeits the use of his own experiences and his own opinions. From O’Brien’s views on what a true war story is combined with my own definitions, I believe that Finkel provides a certain truth to his war stories but not the entire truth.
These injustices have begun long before Tom’s trial, but it is his trial which epitomizes the problems with our society. The first witness was simply just a misguided fellow named Heck Tate who it seems didn’t have much to offer to the case. Next, Atticus Finch called Bob Ewell to the stand. When I saw Ewell take the stand such a fierce hatred rose within me that I began to shake and tremble. Ewell wrongfully accused Tom of raping his daughter Mayella, however, with the grace of God, Atticus Finch had shown that it was very possible that it was Bob Ewell who because he was a lefty could have beat Mayella. If it were not for great men like Atticus Finch I would have lost all hope for this world. As I watched Mayella take the stand I wondered how such a kind looking person could be someone of such poor character. Her words seemed to paint a picture of a sad life; one where a father neglects her and she has fallen under hard times. Atticus, after pointing out it was probably Bob who beat her, asked Mayella who it really was that beat her. Mayella made it clear it was Tom Robinson, upon which Atticus asked Tom to stand. To the astonishment of the court Tom was handicapped! Tom was then called to the stand where he laid open for all to see the truth, explaining that it was Mayella who came on to him (that treacherous woman!). Soon enough the trial ended and every one awaited the verdict of the jury. The next few hours were the most nerve wracking of my life.
Heart of Atlanta v. U.S. and Katzenbach v. McClung. 2003. The Supreme Court Historical Society. 22 April 2003.
...Available By: Acker, James. Contemporary Justice Review, Sep2008, Vol. 11 Issue 3, p287-289, 3p; DOI: 10.1080/10282580802295625