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Gideon Vs. Wainwright - Essay

Gideon Vs. Wainwright

United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments.
In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The Judge said he was sorry but he could not do that, because the laws of Florida called for appointment of counsel only when a defendant was charged with a capital offense [where the death penalty might be imposed]. ...

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it had held, did not guarantee free counsel to all felony defendants that are unable to retain their own. Since1942, when Betts v. Brady was decided by a divided Court, the problem of defendant�s federal constitutional right to counsel in a state court has been a continuing source of controversy and litigation in both state and federal courts. Since Gideon was proceeding without funds, it gave the Justice a chance to think about the constitution. He appointed a counsel to represent him and requested both sides to discuss in their briefs and oral arguments. Should this Court�s holding in Betts v. Brady be reconsidered?�
PRECEDENTS
The Supreme Court first dealt with the issue in 1932, in the Scottsboro Case, POWELL v. ALABAMA. DUE PROCESS OF LAW required al least a �hearing,� Justice GEORGE H. SUTHERLAND said, and the presence of the counsel was �fundamental� to a meaningful hearing.
However, Sutherland said that the Court was not deciding whether poor defendants had a right ...

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Gideon Vs. Wainwright. (2005, August 23). Retrieved November 28, 2024, from http://www.essayworld.com/essays/Gideon-Vs-Wainwright/32115

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PAPER DETAILS

Added: 8/23/2005 01:41:22 PM
Category: World History
Type: Free Paper
Words: 666
Pages: 3

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