Constitutional Due Process: Constitutional Due Process

Constitutional Due Process

Prior to entering the US Supreme Court building, one can look up and see the words, “Equal Justice Under Law.” The idea that anyone in this country is able to have their grievance heard and judged is all too important to how we continue to develop as a society. But is justice really equal? Is our criminal justice system in particular, due process of law, equally applicable to all citizens or is it a defective or deficient idea? Consider for example the case of Gideon v. Wainwright (1963) and the landmark decision that held all are entitled to a defense attorney. The Gideon case is so important in that it placed a spotlight on the injustice or unequal treatment citizens were receiving by state courts. Gideon a common man was charged by the state of Florida for breaking into a poolroom with intent to commit a misdemeanor, which by Florida law is actually a felony. He appeared before a judge and requested representation as he could not afford one on his own. His request was denied. Gideon went on to represent himself in court and subsequently was convicted and imprisoned. Following the laws of the land, he sought relief and submitted a writ of habeas corpus based on his constitutional rights being violated. He lost that argument as well. The reasoning behind the denial was due to Florida law only providing attorneys for capital offenses. His repeated attempts for equal treatment under the law continued and he sought relief from the US Supreme Court. His battle directly went against a previous court decision in Betts v. Brady (1942) which essentially had decided a state did not have to provide an attorney in some circumstances as it did not violate due process. Held in the decision of Betts ...

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...se that is defective, but realistically it allows us to adapt to changing social views.

Works Cited

Adler, F., Mueller, G. O. W., & Laufer, W. S. (2012). Criminology (8th ed.). McGraw-Hill. Retrieved from http://online.vitalsource.com/#/books/9781308000893/pages/94242989

Sandefur, T. (2012). In defense of substantive due process, or the promise of lawful rule. Harvard Journal of Law and Public Policy, 35(1). 283-350. Retrieved from http://search.proquest.com/docview/922364239?accountid=8289

Peak, K. J. (2010). Justice Administration: Police, Courts, and Corrections Management (6th ed.), Upper Saddle River, NJ: Prentice Hall

Betts v. Brady, 316 U.S. 455 (1942). Retrieved from https://supreme.justia.com/cases/federal/us/316/455/case.html

Gideon v. Wainwright, 372 U.S. 335 (1963). Retrieved from https://supreme.justia.com/cases/federal/us/372/335/case.html