Gideon Rule Of Law Case

     On the night of June 3, 1961, Clearance Gideon broke into a pool room and smashed a cigarette machine and a juke box, taking some money from both and cigarettes. Later that morning a witness reported seeing Gideon break into the pool hall. The police found him a few hours later with a pint of wine and some spare

In 1964, after Miranda 's arrest, but before the Court heard his case, the Court ruled that when an accused person is denied the right to consult with his attorney, his or her Sixth Amendment right to the assistance of a lawyer is violated. But do the police have an obligation to ensure that the accused person is aware of these rights before they question that person? (Supreme Court)

Gideon’s case certainly is a great improvement in the law and a landmark in the Supreme Court history because it overturned previous ruling of Betts v. Brady and further extends the right to counsel for all defendants. Even though it seems like simple as seeking the right to an attorney, many legal issues were hidden behind and challenged to the legal system. It proclaims the right to counsel as a fundamental right to all defendants and applies to all states; moreover, it also defines the role of federal government in mandating the state in criminal proceedings.

Clarence Gideon was convicted of a crime he did not commit. He was his own lawyer because he didn’t have enough money to get one. He defended himself in court but failed. He was sent to jail for five years but only served two, he was sent to jail because the jury believed he burglirized a pool room took a pint of wine, some beers, cola, and money from the jutbox and cigar matieche. A man named Lester Wade said he saw him take the things and go into a taxe cab. After Mr. Gideon was sentenced to jail he wrote to the supreme court, and told them his trial was treated unfairly. They sent his letter to Florida and they took a look at it and took it to court. Clarence Gideon was successful and help many people get out of jail or tried again with

On June 3, 1961, Gideon broke into the Bay Harbor Poolroom in Panama, Florida. Some beer, wine, and money were missing with the damaged cigarette and juke machine. He was arrested for breaking and entering because a witness said he saw him stealing and breaking items from the store. Gideon was poor, so he could not afford a lawyer; therefore, he asked the judge to appoint him one. However, he was not entitled to a lawyer based on how poor he was. For this reason, he had to defend himself by calling witnesses to help him, but the witnesses preside with the other side more than his.

which he was imprisoned for and to top it all off the same judge in Gideons first trial Judge Robert McCrary, would be reassigned to this case once again for the second trial.

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 right to counsel means that a defendant has the right to have assistance during trial. If a defendant cannot afford a lawyer, then it is required that the government supplies a lawyer or pay for the defendant’s legal fees.

Subsequently, in 1972 Argersinger v. Hamlin held that defendants were required legal counsel when faced with incarceration from a misdemeanor or felony conviction (Smith, 2004). Following these Supreme Court decisions, most state and local governments had to develop new systems of indigent defense or modify the old ones to keep up with the number of clients (Wice, 2005). Since Gideon v. Wainwright, other cases have challenged the Supreme Court application of the right to counsel. Currently, all defendants are given the right to counsel at all stages of the criminal justice process, including during trial, appeals, and even during police interrogation.

The right to counsel is contained in the 6th Amendment. In the 6th Amendment it states that a criminal has the right to an attorney (counsel) and if the defendant cannot afford an attorney one will be given to them. The defendant is given counsel through the entire criminal process not just at the trial. The attorney will help advise the defendant of their rights and what they should expect during the criminal process. They also make sure that the defendant’s rights are not violated in any way. They also help the defendant with plea-bargaining. This right is considered a Miranda right and was decided upon in 1966 during the Miranda vs. Arizona case. This case determined that the government couldn’t interrogate a criminal or a witness after

Gideon requested that the court needs to appoint him a lawyer, which was quickly denied by the court because under the Florida law, the law only permits appointment of counsel to poor defendants charged with capital offense. Because of this, Gideon represented himself and was later found guilty and charged to five years in prison. Gideon later wrote to the U.S. Supreme Court stating that his rights were violated

Clarence Earl Gideon was a man with an 8th grade education only. He was convicted of Petty larceny in the state of Florida. The facts of the case are as follows. Gideon made a phone call outside of the pool hall around 5:30am the same time the pool hall was robbed. He was seen inside the pool hall, and outside the pool hall by an eye witness. Gideon asked the court to appoint a lawyer to represent him, and he was denied.At the trial Gideon defended himself as best as he could. He was unsuccessful and was convicted of breaking and entering. Gideon was sentenced to 5 years in prison, the maximum sentence for the crime.

(2) Yes because people have the right to an attorney and if they can not afford one one is provided for them. Public defenders chose their job. Not only that but good ones put time and effort into what they do. The job requires skill. Also public defenders are often overworked and underpaid.

This often results in confusion and misinterpretations of the law (Makin, 2012). The ability to understand the justice system can be very difficult without a lawyer. The amount of information needed in court is demanding and crucial. There is no time for mistakes. Hence, lawyers should be the only people who defend the accused because they are aware of what material is needed and they are prepared for whatever comes their way. Litigants; however, usually do not have professions in law; thus creating mistakes that lawyers would know not to make. This negatively affects self-representatives because they not only have to comprehend their case in order to try to win their argument, but they also have to attend to other aspects in their life, such as their primary job and their family (Gillis, 2013). In other words, their understanding of the law usually interferes with how they react to additional stress and most importantly their judgement. When defendants represent themselves in court, they often have emotional ties with the issue at hand, so their reasoning and perception may be presented inaccurately in the courtroom (Feldstein, 2016, p.10). This can be detrimental to the accused winning his or her case because they are showing the people in the courtroom that they are unprofessional. This inexperience is not appropriate in the courtroom. In order for trials to go swiftly and effectively

Learned counsel also argued that the accused has a constitutional guaranteed rights under Articles 5 and 8 of the Federal Constitution to complete his cross examination of prosecution witnesses.