Presentation on theme: "Is the 6th Amendment Right to Counsel (lawyer) a Fundamental Right?"— Presentation transcript:
1Is 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?
2Clarence Earl Gideon -born in 1910 -grew up in poverty -dropped out of school-went to jail many times-married 4 times
3The 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
4The 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.
6Betts 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
7Hugo 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
9Petition 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
12SCOTUS 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?
15New 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
16Legacy 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