Clarence Lord Gideon Case Analysis

He then knew for sure that they denied his right to have a lawyer to represent him in his case. Mr. Gideon was upset and decided to write a letter to the U.S. Supreme Court. The supreme court decided to overturn his case and give him a fair trial. He had spent 2 years in Federal prison and he went back to the same court and had the same judge. He didn’t want to have the lawyers that he had at first so he asked to extend his court date. The judge let him do that. This is the 2nd time he has been to trial for the same offense. Mr. Gideon thought that it was double jeopardy, but it wasn’t. This time he had a lawyer named, Turner. They then called Lester Wade to the stand as a witness and then he broke down, then he confessed about lying about saying he had never convicted a felony. Then the judges declared him not guilty of committing Grand Larceny and he was free. This case was important because it changed how cases in courts will be forever. Now, all people that go to court, even for misdemeanor cases. It changed the history for court cases

Gideon v. Wainwright is a Supreme Court case that occurred in 1963 which questioned the defendant’s right of the sixth amendment. Clarence Gideon could not afford a lawyer, so under the 6th amendment he demonstrated his rights by asking the Florida Circuit Court judge to appoint one for him. His request was denied and he was left to represent himself (Lewis, 1964). He did an awful job of defending himself during the trial and was found guilty (PBS, 2006). He then wrote to the U.S. Supreme Court from his prison cell stating that his rights were violated. The Supreme Court agreed to hear his case.

The main challenge Gideon needed to overcome was the regulations instituted by the 1942 court case Betts v. Brady. Betts v. Brady established that only in special circumstances were impoverished criminals entitled to counsel. These special circumstances often required some form of mental or physical disability in which Clarence Earl Gideon did not have. The courts had to then examine if legal counsel was an essential right to due process.

In 2012, the Supreme Court ruled the Eighth Amendment prohibited citizens under the age of eighteen from being sentenced to life in prison without consideration of extenuating circumstances. In 1963, not even two weeks after his seventeenth birthday, Henry Montgomery murdered Charles Hurt and was sentenced to life in prison without parole. Montgomery, now sixty-nine years old, is challenging the state of Louisiana’s authority to keep him behind bars. Should he, along with many others in the same situation, be given the chance to prove himself as an upstanding citizen of the United States of America? Montgomery’s and other prisoner’s freedom hangs in the balance as the nine justices of the Supreme Court debate whether or not they should be granted collateral review.

According to the Gideon’s case, the Florida court denied his request because the court of Florida only could appoint counsel to the defendant who is charged with a capital offense under the laws of the state of Florida and obviously, Gideon’s condition did not apply to it. This rejection was reflected to the ruling of Betts v. Brady, which resulted the right to counsel would be depending on states based on the circumstances even Sixth Amendment did mention the right to counsel. But, we should give full priority to the counsel and clarify it as fundamental rights for all people. Therefore, federal government or the Constitution should able to ensure people’s right in the criminal proceedings as how it applies to Gideon’s case as

After being sentenced Gideon filed a habeas corpus petition to the Florida Supreme Court. Gideon claimed that his conviction was unconstitutional because he lacked a defense attorney at the trial. The Florida Supreme Court denied his petition

In 1960 a man named Clarence Gideon was charged with robbery and breaking into the pool room. He was sent to prison for 2 years for something he claimed he did not do. Clarence Gideon read and read books so he could find away for the court to let him loose. When he found out that since he did not have a lawyer his trial was unfair. Clarence wrote to the court about it so they would let him have another trial. With luck they gave him another trail but this time with a lawyer. Not just any lawyer the lawyer that Clarence himself picked out for his case. He did not want any of the lawyers they had chose for him so he got his own whose name was Turner. Turner never gave up at this trial for Clarence Gideon in fact Turner eyed down every witness

The novel titled Gideon's trumpet by Anthony Lewis is about a poor older man by the name of Clarence Earl Gideon who asked the supreme court to change his mind. He was falsely accused of committing a crime in 1961 and because he did not have any money he could hiee an attorney to help support his case in court. He requested a layawer be given to him because because he could not afford one and he believed it would not be a fair trial without one. He was forced to represent himself and court and was found guilty, while he was in jail he studied up on the law and more specifically the supreme court. From materials provided by the jail he sent his appeal into the supreme court within the required ninety day period he has to submit his appeal in

Gideon lost the case and was sentenced to prison for 5 years. During his 2 years in prison, he learned more about the law and came to the conclusion that his rights were violated. This led Gideon to file a petition for Habeas Corpus with the Supreme Court in Florida. His petition stated that his amendment rights were violated and he deserved to be represented in court.

Baird in 1853. This case determined that an attorney at public expense would be given to the defendant if they could not afford one. The outcome eventually led to the current amendment that an attorney would be provided for the defendant who could not afford one. In the late 1800’s and early 1900’s pro bono groups of attorneys were started to represent defendants who could not afford lawyers. It was primarily a volunteer based program until the mid 1900’s. The Powell v. Alabama case decided that the right to counsel was required in all state proceedings. During the case African American boys were accused of rape and thrown into prison most were sentenced to death and did not have the right to counsel. However after many proceedings and changes in rights the boys were exonerated. In 1963 after the Bretts vs. Brady case it was determined that right to counsel would not extend to felony cases. The defendant was accused of robbery and was not able to afford an attorney. The case decision was overruled in another case in 1963 Gideon vs. Wainwright. Now a felon of any charges could receive counsel at the expense of the state. Over time this rights has grown into the idea that everyone defendant or victim deserves a fair trial and a fair chance of justice. There are countless cases leading up to the right of counsel that is place today. Including the right to a counsel that will give effort and effectiveness towards a

In the Supreme Court case R. V Hutchinson is a legal case where Craig Jaret Hutchinson was charged with aggravated sexual assault in the lower court after the complainant had consented to have sexual intercourse but wanted Hutchinson to wear a condom. However, Hutchinson poked holes in the condom unknown to the complainant. This resulted in pregnancy. In the Supreme Court case, the file says, “Mr. Hutchinson was charged with aggravated sexual assault. The complainant said that she did not consent to unprotected sex. The trial judge agreed and convicted Mr. Hutchinson of sexual assault (2011 NSSC 361, 311 N.S.R. (2d) 1) (Supreme Court, 2014).” This quote from the supreme court judgment is explaining how Mr. Hutchinson was convicted of aggravated sexual assault under the criminal code Criminal Code, R.S.C. 1985, c. C-46, ss. 265(3) (c), 273.1(1). This section of the code focuses on the meaning of consent and when consent has not been obtained from the complainant. Consent can be obtained through multiple ways such as verbal agreement. However, consent cannot be attained when one person is forceful, uses threat or fear to manipulate the other party, fraud, or abuse of power.

The supreme court state that the constitution needs the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves. In June 1961, a burglary happened at the bay harbor pool room in Pana city, Florida. Clarence Earl Gideon was being arrested for been found nearby with a small amount of wine. Gideon did not have money to hire a judge and requested Florida circuit judge to appoint one saying that everyone is eligible to a lawyer according to the sixth amendment. The circuit court refused his request. Gideon who was not an attorney defended himself poorly and was found guilty of entering petty robbery. While in prison Gideon started studying law with the belief

The case Betts v. Brady is almost identical to Gideon v. Wainwright. Betts was charged with robbery in the state trial court. In his case, he did not have money to afford an attorney and requested to be appoint one from the court. The court denied this request as, the states law only appointed counsel to serious crimes such as “murder’s and rape cases.” He proceeded without an attorney and represented himself. The judge’s verdict was the defendant was guilty of the crime and he was sentenced to “eight years in prison.” Betts case did not have a jury involved, it was the judges ruling. Betts appealed stating he was denied the right to counsel and therefore denied him the right of his fourteenth amendment. The ruling was affirmed and came to

Every American citizen has access to they’re Bill of Rights, these rights list specific prohibition on governmental power. In Gideon’s case he asked if he could have a counsel to defend him in court which in this case he could because the sixth amendment guarantees that in any criminal case the defendant has a right to be represented by an attorney general. The Florida court denied his request and sentence Gideon to jail. This was unconstitutional of the court to strip away this man’s rights, it violated his sixth amendment and did not receive a fair

Before the case of Gideon v Wainwright, there were others cases of individuals that were denied the right to counsel. One case in particular, which fell under the Fourteenth Amendment Rights as well as the Sixth Amendment Rights of the Constitution, Betts v Brady (1942). Betts was indicted on robbery charges in Carroll County, Maryland. Betts wasn’t able to afford an attorney and requested appointed counsel. Betts was told by the judge that it wasn’t the practice in the county unless it was for a murder case or rape. Without counsel Betts pleaded not guilty, represented himself and was sentenced to eight years by the judge. Betts wasn’t well educated and knew nothing about the legal system on how to represent himself in a court of law. While incarcerated Betts filed a petition against the judge for denying him the right to counsel but it was denied. Betts presented a writ of corpus which was also denied. The Supreme Court of the United States went back and reviewed Betts case after Gideon filed his case. The decision for Betts case was eventually