Gideon V. Wainwright The case starts with the arrest of Clarence Earl Gideon who was charged with breaking and entering with intent to commit a misdemeanor. Gideon was a runaway, having left home around eighth grade he became a drifter. He wandered around from place to place and spent time in and out of prison of prison for many non-violent crimes. He eventually found some part time work at a pool club, the same club room he was accused of breaking into and robbing. This was a case of being in the wrong place at the wrong time. On the night of June 3, 1961, a police officer discovered the door to the Bay Harbor Poolroom open, he went inside and saw that someone had clearly broken in. Gideon had been at the pool club that night and …show more content…
Fortas argued Gideon 's case by using wether Betts V. Brady should be reconsidered. The Betts V. Brady case had ruled that (akin to Gideon’s) that the fourteenth amendment requires states to appoint counsel only under special circumstances. It has been an unpopular standard and was constantly criticized but nevertheless was in effect. In only two short months, the verdict for Gideon 's case had been decided, Betts V. Brady was found unconstitutional, as it violated the sixth amendment 's right to a fair and speedy trial and that looking at the fourteenth amendment, which guarantees due process of law, the court was wrong to not have appointed Gideon a lawyer. The court then ruled that Gideon should be given a retrial, this time with a court appointed …show more content…
This means that those charged with lesser crimes are pushed to the back of their caseloads. Public defenders are overworked and underpaid meaning that many times they cannot do their job to the best of their abilities. Sadly because of this system, many of their clients sit in holding cells for months or years, awaiting for a trial that is continually pushed off by their attorney. While the system of free public defenders seemed like an equal foot for criminal clients to stand on in the justice system, it is in reality a very messy and disorganized system that overlooks those without the most pressing issue. Gideon V. Wainright was a landmark case, arguably one of the most important cases of the sixties. It brought about equality and fair justice. It was a case that spoke a lot of Warren court and their policies. It was symbolic of the new era and with it a symbol of equality and fairness. The rights of the accused were radically changing and people all around america were begining to see it. No longer was court a place for the wealthy, no longer were those who could not afford proper defense cast aside and convicted. Instead equality
Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes. ”The Petitioner within the case was Clarence Earl Gideon.
Clarence Earl Gideon was falsely accused of burglarizing a cigarette machine and jukebox inside a poolroom. When Gideon was sent to court to receive his sentence, he had no lawyer, therefore he had to defend himself. Despite his valiant efforts, Gideon was sent to 5 years in prison. While there, Gideon filed a petition for writ of habeas corpus hoping to challenge his conviction. His ability to file for a petition is a positive right, so even though he was not given a lawyer, despite his need and right to one, some of his positive rights—filing a petition—were still upheld.
Plessy v Fergusen was yet another court case where “separate but equal” was not implementing equality. It showed that they still thought of Black men and women as being less and not deserving the same rights as the White men. Homer Plessy was a free man, that was mainly White and because of a percentage he had of being Black he was treated as a Black man. He tried to sit in the train car of the White men and much like Rosa Parks was asked to go to the back where the Black men belonged in a different car. This case resulted in the Supreme Court defending the decision of the East Louisiana Railroad stating that they weren't violating any law by the ruling they had.
KHOUSHIK RAJAPANDIAN GIDEON V. WAINWRIGHT CITATION: 372 U.S. 335 1.FACTS: On 3 June 1961, a burglary took place at Bay Harbor pool room in Panama, Florida. An individual broke into that place, damaged all the things and stole money from the cash register. A witness identified the person as Clarence Earl Gideon.
Gideon challenges the Florida court decision, and he decides to researched books about law to figure a way to overturn the court’s decision. Gideon makes the Due Process Law his way to fix the wrongdoing of the lower court. At the end, Gideon finally completes all the forms that he needed, and
Plessy vs. Ferguson, one of the bigger cases in the turning point for rights, gave the black community a big boost forward. There was a man named Homer Adoph Plessy that had a problem with the way things were going at the time and he wanted equal rights. But there was another man named John Ferguson who thought that everything was just skippy. They went to court to settle their quarrel.
For the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home.
The court refused, to which Gideon replied with the claim that the Supreme Court had ruled that all citizens being tried for a felony crime should have aid of counsel. The court ignored the defendants plea, and he was subsequently convicted. Gideon filed a habeas corpus petition to the Florida Supreme Court, which was also rejected. In Gideon's petition to the Supreme Court, found on page eight of the book, he claims that the due process clause of the Fourteenth Amendment, stating that, "[n]o state shall deprive any person of life, liberty, or property, without due process of law," was violated when the trial court denied Gideon's request for an attorney (Lewis). Although Gideon mentioned a right to counsel roughly six times in his plea, he never mentioned Betts v. Brady (1942).
The Supreme Court's decision in Strickland v. Washington provided for fairness in the judicial process in three main ways. First and foremost, the Court determined that any claim of ineffectiveness of counsel must be judged on whether the entire trial should be considered unjust because the counsel’s conduct was so poor that it failed to allow for the proper application of the judicial process. Next, the Court provided a standard two part test for determining when a defendant's Sixth Amendment right to effective assistance of counsel is violated by the inadequate performance of counsel. Lastly, it protected the legal process from continual and frivolous claims for relief when defendants lose their criminal cases. By examining whether the entire trial is to be considered unjust due to the counsel’s poor conduct safeguards the legal process and provides for fairness.
The government appealed the court of appeals decision to bring to the Supreme Court where it is now. I stand with full belief, and the majority opinion of the Supreme Court that Abel Fields’ conviction be overturned. His First Amendment rights had been violated. Even though he was
Clarence Earl Gideon was an indigent living in Florida who was accused of breaking into the Bay Harbor Poolroom in Panama City, Florida with the intention to commit petty larceny. He had to represent himself at trial since he was poor and Florida did not provide state-funded attorneys for indigents. Once the case was taken up by the Supreme Court, it was affirmed by unanimous decision that anyone had a right to counsel. In Betts v. Brady which Gideon’s case overturned, Betts was an indigent accused of robbery who, when he asked for counsel at his trial, was denied. He later appealed his case up the court system and eventually to the Supreme Court on the grounds that, due to such actions, he had been held illegally.
This case was not just an event in history, but a strong point that supported and still supports equality to this day. People can use this case to help support their reasoning for what they believe in and why certain actions should
The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.
Without this case, we would not be where we are today. It shaped the United States completely as a whole. It was the first time something regarding race was put a lot
Wainwright 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.