Landmark Cases Mapp v. Ohio Tinker v. Des Moines Miranda v. Arizona Gideon v Wainwright

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ APK: Activation of Prior Knowledge Write at least 3-5 sentences describing a time when… your rights/freedoms were limited or taken away by a school, police or other government agency [Explain] Question of the Day How have U.S. Supreme Court rulings balanced the rights and freedoms of the individual with the need to maintain order?

Mapp v. Ohio Facts of the Case: The home of well known bookmaker [illegal bet taker] Dollree Mapp was searched by police. Police had a warrant [written permission] to look specifically for gambling records. The search uncovered pornography [pictures and magazines] which at the time was illegal. Mapp was arrested. Based on the evidence found at the residence she was convicted in Ohio state court and sent to prison. Her conviction was appealed and made it all the way to the U.S. Supreme Court

Mapp v. Ohio Issue: Were Dollree Mapp’s right of protection against unlawful search and seizure violated? Result/Court’s Ruling: Mapp’s civil rights were violated because the warrant did not specifically include pornography even though it was illegal. The Ohio state court conviction was overturned.

Tinker v. Des Moines Facts: Two Iowa high school students wanted to protest the Vietnam War. They chose to wear black arm bands to express disapproval for dead American soldiers. Their school told them to remove the armbands. They refused and were suspended.

Tinker v. Des Moines Issue: Whether Tinkers had the right to express themselves freely. Did the school violate their rights. Ruling: Supreme Court ruled that the Tinkers action was protected by freedom of speech.

Miranda v Arizona Facts of the Case: In 1963 Ernesto Miranda was arrested and charged with kidnapping and rape. During his initial interrogation he denied involvement but later under the duress of police questioning he finally confessed. At his interrogation Miranda had no lawyer present. Miranda was found guilty and convicted of the charges in the state court of Arizona. His conviction was appealed and made it all the way to the U.S. Supreme Court.

Miranda v Arizona Issue: Were Miranda’s civil rights under the 5th Amendment [right to avoid self-incrimination] violated? Result/Court’s Ruling: Court ruled that suspects [people arrested and accused of crimes] must be informed of the right against self-incrimination.

Gideon v Wainwright Facts of the Case: In 1961 a homeless, drifter named Clarence Gideon was arrested on charges of petty theft [he stole money from a cigarette machine]. He was indigent [too poor] to afford a lawyer and wanted a free lawyer paid for with tax money. His request was denied so he defended himself. Most accounts say he was smart and performed reasonably well for poorly educated person. However, he was not a trained lawyer and was convicted [found guilty] in Florida state court and sentenced to 5 years prison.

Gideon v Wainwright Issue: Were his civil rights were violated? Do we have the unconditional right to a legal counsel [lawyer]? Result/Court’s ruling: His conviction and prison sentence were overturned because his right to a lawyer was violated. Court ruled that poor/indigent people must have a lawyer paid for by the government [as outlined by the 6th Amendment].