Gideon's Second Trial Case Study

The judge, in the movie, actually listened to the prosecutor’s witnesses and decided there was enough probable cause to move forward to a trial. Many judges are often too busy to examine the facts of the case before making a probable cause determination as stated in our text.

The last major fact that influences the juries agreement that the accused is not guilty are doubts of another witness’s testimony; the lady across the street who supposedly saw the accused young man stab his father. The jurors started talking about needing glasses to read the clock when Juror 8 realizes that the lady used very strong glasses and it is not possible that she could have had time to put them on and see the young man clearly stab his father. Juror 8 says,

The prosecution called 78 witnesses with Allan Park, O.J.’s limo driver, being the best witness they had placing O.J. within the timeline of the murders(Geis & Bienen, 2016). The crime happened sometime after 10 pm before O.J. had left for LAX to travel to Chicago for a business meeting(Geis & Bienen, 2016). Allan Park testified that he was at O.J. Simpson’s house and knocked on his door at 10:25 pm but there was no response(Geis & Bienen, 2016). Mr. Park stated he did not see O.J.’s white Bronco anywhere and assumed he was not home yet(Geis & Bienen, 2016). At 10:56 pm, Mr. Park saw O.J. enter the front of his home(Geis & Bienen, 2016). Mr. Park noticed O.J. was very anxious and was

Clarence Earl Gideon, a man with an 8th grade education who caused an influence from within a prison cell. Gideon has been in and out of jail numerous times for nonviolent crimes ever since fleeing from his home while he was in the 8th grade. He was charged with attempted misdemeanor, and was taken to court. He appeared without a lawyer, since he was not very wealthy at all. Infact, he was extremely poor. Gideon requested that he be given an attorney to defend him. According to the 6th Amendment, the accused has the right to a lawyer. However, the court of Florida denied him of it because they said that only citizens that have committed capital offenses have the right to jury. Gideon tried his best to represent himself without an attorney,

The court imply the importance of the caused when it appointed Abe Fortas one of the best recognized lawyer in Washington DC to represent Gideon in what

In this case, the second trial would not be considered double jeopardy. Double jeopardy means that a person cannot be tried twice for the same crime. He was never acquitted of the crime. Since the jury could not reach a verdict, it was a mistrial case. Once a verdict was reached and carried out, Devine could not be trailed again for same crime. In the case that the defendant appeals and obtains reversal of a conviction, they may be tried again. The reversal means that the defendant was not in jeopardy. The reversal is basically a willingness of the defendant to be tried for crime. In another case, If the crime is committed against two or more people or in multiple states or if the crime is in violation of both state and federal laws the defendants protection against double jeopardy does not prevent multiple trials.

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

Juror #8 is a calm and reasonable man which makes it easier for him to judge the case fairly and justly without any prejudice. Juror #8 never said he believed the defendant to be innocent he only wanted to take the role of being a juror seriously and talk about the case before a young boy is sent off to die. “I’m not trying to change your mind it’s just that we’re talking about somebody’s life here… we can’t decide in five minutes.” Because he brings no prejudice in the jury room he is able to look at the facts and carefully decide on his judgement. Juror #8 recognizes other peoples prejudice and tries not to convince them that the boy is innocent but to have them let go of that prejudice and decide based on the facts whether they truly believe the defendant is guilty or not. Rose uses both juror

Gideon did not waste any time in prison, spending most his time reading about the constitution and his rights. Soon after Gideon wrote into the Supreme Court for a release, for violating of his constitutional rights, even though his lack of intelligence. Gideon was not a rich man and believed anyone has the equal right on an attorney for a fair trial. The constitution

1- Gideon is a fifty one year old man who was accused of breaking and entering and stealing approximately five dollars from from a vending machine on june 3rd 1961 at 5:30 am. There was one proclaimed witness to the supposed crime, and,the person who drove gideon home was told by gideon that “if anybody asked i hadn't seen him” which was coincidental to the time of the crime.

Many people every day in many different places around the world await trail, or are brought to trial. The offender might not have any available resources in order for them to receive a fair trial. The Sixth Amendment was put in place to ensure everyone no matter the circumstances are entitled to a fair trial. Clarence Earl Gideon was charged of a felony under the state of Florida and could not afford his own attorney and was not appointed one either. Gideon had to appoint himself at the first trail and was sentenced to five years in prison because he was not qualify, nor did he know the rules and regulations or how to properly make an argument in court. Gideon’s trail was unfair and disobeyed the amendment that was put in place for

Even though he never killed anyone. Gideon never knew that the war was fake at the time though.

The turning point is when Jury 8 use his rational thinking to persuade others to reexamined the evidences. He started by questioning the creditability of the two eyewitnesses, the quality of the defense lawyer, and the uniqueness of the murder weapon. His first argument, there were not enough cross-examined of an eyewitness. The external condition surrounded both witnesses were not included – people sometimes make an error.

Gideon was an unknown man from a poor family and he was consider to be the least in his household; however, he was a man that believed, followed and obeyed God. It was not that God was not with Israel, they were not with God. God told Gideon to move ahead assuring him that he would be with him so he did not have any reason to fear. He asked God for a sign. He did not ask God for a sign in order to determine the Will of God through it, but to confirm what God had already told him which; therefore, was the Will of God. God gave him what he asked for. God told Gideon to throw down the altar of Baal and cut down the grove that was there. The people were angry when they saw them destroyed.

It is during one of many occasion where Israel does as they see fit that the story of Gideon