Gideon v. Wainwright Here’s the situation... Clarence Earl Gideon was arrested for breaking and entering in Panama City, Florida. Facing a judge and jury, he requested an attorney be assigned to him, as he was unable to hire one himself. Under Florida law, an attorney is only assigned when a sentence could contain a death penalty; Gideon’s case did not qualify. After a Pro Se defence, Gideon was sentenced by the jury to five years in prison. General Information ➢ ➢ ➢ ➢ Clarence Earl Gideon was arrested in 1961, in Panama City, FL for Breaking and Entering. Gideon, being too poor to afford one, asking the judge for an attorney be appointed to defend him. Florida state law appoints attorneys in trials containing the possibility of a death sentence; he was denied. After a Pro Se defense, Gideon was convicted by the jury and sentenced to five years in prison. The Pursuing of Justice ➢ Gideon filed a writ of Habeas Corpus to the Florida Supreme Court, stating that the denial of an attorney infringed on his constitutional rights and called for a mistrial. ➢ The Florida State Supreme Court disagreed and denied his request. ➢ Gideon then sent a writ of Habeas Corpus to the United States Supreme Court, who review his case in 1963. Supreme Court Ruling ➢ The United States reviewed a previous case, Betsy v. Brady (1942), which stated that the Florida Law did not infringe upon the Sixth Amendment. ➢ Upon looking over both cases, the Supreme Court agreed unanimously with Gideon and repealed the law. ➢ They stated that the right to an attorney in the Sixth Amendment was a fundamental right, and was included in Due Process of the Fifth. Greater Issues ➢ The case opened up the debate about how responsible states were for criminal law and upholding the Bill of Rights in general. ➢ It more strongly integrated the dominance of the constitution in state government. ➢ It was also a part of the reform of criminal law in the United States during the 1950s and 1960s. PAY ATTENTION ➢ What was the original year of his trial? ➢ What was the crime he was convicted of? ➢ Which Amendments were covered in the Supreme Court ruling? Sources http://www.uscourts.gov/educational-resources/educational-a ctivities/facts-and-case-summary-gideon-v-wainwright http://www.pbs.org/wnet/supremecourt/rights/landmark_gideo n.html
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