Presentation on theme: "Is the 6th Amendment Right to Counsel (lawyer) a Fundamental Right?"— Presentation transcript:
1 Is the 6th Amendment Right to Counsel (lawyer) a Fundamental Right? Gideon v. Wainright (1963)Is the 6th Amendment Right to Counsel (lawyer) a Fundamental Right?
2 Clarence Earl Gideon -born in 1910 -grew up in poverty -dropped out of school-went to jail many times-married 4 times
3 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
4 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.
6 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
7 Hugo Black-SCOTUS Justice from-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
9 Petition to SCOTUSWrit of Certiorari- formal request to SCOTUS to hear case from lower courtIn forma pauperis- the process a poor person uses to get a case to the Supreme CourtSCOTUS agreed to hear Gideon’s case
12 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?
15 New Trial for Gideon-August 5, 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
16 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