Download - Gideon v. Wainright (1963)
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Gideon v. Wainright (1963)
Is the 6th Amendment Right to Counsel (lawyer) a Fundamental
Right?
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Clarence Earl Gideon-born in 1910-grew up in poverty-dropped out of school -went to jail many times -married 4 times
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The Crime-June 3, 1961-break in at the Bay Harbor Poolroom in Panama City , FL.
-Witness stated he saw Clarence Earl Gideon leave poolroom with a wine bottle and money in his pockets
-Police arrested Gideon: charged him with breaking and entering with the intent to commit petty larceny
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The TrialGideon appeared in court and was too poor to afford counsel, whereupon the following conversation took place:
The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.
GIDEON: The United States Supreme Court says I am entitled to be represented by Counsel.
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Why Was Gideon Denied a Lawyer?
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Betts v Brady (1942)
-SCOTUS ruled (6-3) that state courts are NOT required to provide a lawyer to defendants that cannot afford one
-Majority of SCOTUS said that right to a lawyer is NOT a fundamental right, such as freedom of speech
-Only if defendant can prove special circumstances will a lawyer be provided
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Hugo Black-SCOTUS Justice from 1937-1971
-Dissented (disagreed) with the majority opinion in Betts v. Brady
-In his dissent said that the denial of a lawyer based on financial stability makes it so that those in poverty have an increased chance of conviction, which is not equal protection of the laws under the Fourteenth Amendment
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Florida State Prison in Raiford, FL.
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Petition to SCOTUS
- Writ of Certiorari- formal request to SCOTUS to hear case from lower court
- In forma pauperis- the process a poor person uses to get a case to the Supreme Court
- SCOTUS agreed to hear Gideon’s case
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Who Will Be Gideon’s Lawyer in SCOTUS?
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Abe Fortas
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SCOTUS Decision
-9-0 in favor of Gideon
-Overturned Betts v. Brady decision of 1942
-SCOTUS ruled that the right to a lawyer IS a fundamental right for ALL citizens
-Guess who wrote the majority opinion for SCOTUS?
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Justice Hugo Black
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What Happened to Gideon?
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New Trial for Gideon
-August 5, 1963- Gideon on trial for same crime in same court with same judge in Panama City, FL.
-This time Gideon has a lawyer- Fred Turner
-Jury finds Gideon NOT GUILTY of crime committed in 1961
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Legacy of Gideon v. Wainwright-All defendants have the right to a lawyer
-Expanded the rights of accused
-Right to a lawyer IS a fundamental right
-In Miranda v. Arizona (1965) SCOTUS ruled police must tell accused they have right to a lawyer
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Literature
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Movie
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Irony?
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Questions?
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What Did You Learn?
• Write at least 5 sentences explaining the impact the Gideon v. Wainwright(1963) decision had on the right to a lawyer.
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Gideon-Constitutional Hero?
https://www.youtube.com/watch?v=7Iustxd3Vgw
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Gideon’s Trumpet- The Movie