Gideon V Wainwright Essay
The history of the modern right to counsel for defendants who cannot afford to pay for counsel or lawyer goes back over a century ago; the Indiana Supreme Court in Webb v. Baird, 6 Ind. 13 (1853), officially recognized the right to counsel for a person accused of a crime. However, this decision was not based on constitutional or statutory law but warranted under “the principles of a civilized society.” Since the case of Webb v. Baird, the courts have immensely extended the right to counsel beyond just appointing an indigent person an attorney. For more than a hundred years, the Right to Counsel Clause was interpreted as simply granting the right to retain a private attorney to a defendant but didn’t mean that a poor criminal defendant had …show more content…
Six years later, in Johnson v. Zerbst, the U.S. Supreme Court held that a poor federal criminal defendant who faces serious criminal charges is entitled to an attorney at the expense of the government. According to the U.S. Supreme Court, the right to counsel is thought necessary to protect fundamental human rights of life and liberty and that an average person accused of a crime does not have the professional legal skill to protect himself/herself. Unfortunately, this right only applied to indigent defendants facing serious charges in federal court but did not apply to the states. It wasn’t until 1963 in the case of Gideon v. Wainwright, which is a landmark case in the United States Supreme Court when the principle that state courts were required to provide defendants in criminal cases with legal counsel was established. This case ruled that the 6th Amendment of the Bill of Rights required the government to provide free legal counsel to indigent defendants in criminal cases. Abe Fortas who represented Gideon established the principle “that every man, the rich, the poor, and poor as well as rich, is entitled to the benefit of counsel.” There was also the case of Miranda v. Arizona following the Gideon case, extending the rule to apply even during interrogation by
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610 Words | 3 PagesThe trial court denied these motions and the statements were used at trial. The jury found petitioner guilty of murder and was sentence to a 24-year prison term. On appeal, Petitioner argued that he had not “knowingly and intelligently” waived his 6th amendment right to counsel before he gave his uncounseled post indictment
Gideon Vs Wainright Case Analysis
430 Words | 2 PagesTranscript of Civil Liberties & the Civil Rights Court Cases Assignment Civil Liberties & the Civil Rights Court Cases Assignment Gideon v Wainright Dates: Argued January 15, 1963 Decided March 18, 1963 Background: Charged in a Florida State Court with a non capital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only. Mapp v. Ohio Dates : Argued March 29, 1961
Summary Of Gideon Vs. Wainwright
578 Words | 3 PagesMatt Ritchey Mr. McAdam Law and Society 10/12/17 Gideon v. Wainwright Case Summary The Supreme Court case of Gideon v. Wainwright was a landmark case in Supreme Court history. It not only established the right to an attorney, but also a fair trial. The criminal case of Gideon v. Wainwright lasted from 1961 to 1963.
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Gideon Vs Wainwright Case Study
1212 Words | 5 PagesIt is well understood in today’s society that every person charged with a crime is entitled to the counsel of an attorney, regardless if the defendant can afford an attorney or not. Prior to the landmark decision of Gideon v Wainwright (1963), indigent defendants charged in state courts were not guaranteed the right to counsel. The Gideon case extended the Sixth Amendment of the United States Constitution’s right to counsel in federal trials, though incorporation by the Fourteenth Amendment, to apply to all states. Justice Black wrote the opinion for the Supreme Court in Gideon and opined that “The right of one charged with a crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours” (Gideon
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Miranda V. Arizona Case Analysis
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The Pros And Cons Of Plea Bargaining
696 Words | 3 PagesOur arguments against plea bargaining were based on the fact that it removes a fundamental Constitutional right from defendants, the right to a fair trial. There are many different reasons to be against plea bargains, and they all stem from this singular idea of denial of fundamental rights. It is clear that “…plea bargaining has undercut the goals of legal doctrines as diverse as the fourth amendment exclusionary rule, the insanity defense, the right of confrontation, the defendant’s right to attend criminal proceedings, and the recently announced right of the press and the public to observe the administration of criminal justice,” (Alschuler, 1983). The process of plea bargaining strips defendants of these rights and defenses and opens the
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John Wayne Gacy's Contributions To The Justice System
1030 Words | 5 PagesThe Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
Why Is Plea Bargaining Unfair
1485 Words | 6 PagesPlea bargains are growing to resolve many cases. (Shetokas, 2014) According to the legal dictionary the sixth amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (1) the right to a Speedy Trial; (2) a public trial is allowed (3) have the right to have a fair jury; (4) knowledge of charges that are pending; (5) being able to cross-examine and confront the eyewitness; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) legal rights to have an attorney. ( legaldictionary). With the fourteen
Miranda Vs Arizona Essay
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Key Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics
644 Words | 3 PagesWainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
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