Gideon's Trumpet Analysis Essay

In 1966, Gary Duncan was charged in Louisiana with simple battery, a misdemeanor punishable by up to two years in prison and a three hundred dollar fine. Duncan requested a jury trial, but at the time, Louisiana granted jury trials only to cases punishable by execution or imprisonment at hard labor, and the Sixth Amendment right to a jury trial had not yet been incorporated against the states. Duncan’s request was denied. He was convicted after a bench trial and sentenced to sixty days in prison and a ten-dollar fine. Duncan appealed to the Louisiana Supreme Court, but it declined to hear the case. Duncan then petitioned the United States Supreme Court for review, asserting that the Sixth and Fourteenth Amendments guaranteed his right to a jury trial.

After the Supreme Court of Florida rejected his petition, he hand wrote a petition for a writ of certiorari to the Supreme Court of the United States, asking that it hear his case. The Court allowed him to file it in forma pauperis, which meant that the Court would waive the fees generally associated with such a petition. Gideon’s case was considered. The writ that Gideon wrote was allowed and he was given an attorney and was retried. His attorney for retrial was Abe Fortas, who was later appointed to Supreme Court Justice. Mr. Gideon was found innocent of the charges and set free, but what Gideon's petition to the Supreme Court did established that every person convicted of a crime would be granted an attorney, even he could not afford one.

Justice White delivered the opinion of the Court. Three tests are used from previous cases to determine whether a right of the Fifth and Sixth Amendment are extended to the states by the Fourteenth Amendment. The first test is determining whether the right to a trial by jury is a “fundamental principle of liberty and justice which lie at the base of all our civil and political institutions.” It also needs to be determined if this right is “basic in our system of jurisprudence” and if the right to a trial by jury is “a fundamental right, essential to a fair trial.” White determines that a right to a trial by jury passes these tests. He determines that the right of a trial by jury guaranteed by the Sixth Amendment is “fundamental to the American scheme of justice.” The right to a jury trial was created to avoid abuse by the Government. A right to a jury trial is a safeguard against a corrupt prosecutor or judge. Due to this, the right to a jury trial it is protected by the Due Process Clause of the Fourteenth Amendment which becomes fundamental to all States. In distinguishing a petty offense from a serious offense, the penalty of the crime is viewed. The punishment authorized by the State is used “as a gauge of its social and ethical judgments.” Louisiana law’s penalty for simple battery of imprisonment of up to two years and a fine is not considered to be a petty offense. Compared to the federal system, petty crimes are those punishable with up to six months in prison and a $500 fine. A crime punishable by two years in prison, by the standards of this country, is determined to be a serious offense and not the

Did the state court's failure to appoint a lawyer for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?

Wainwright, 372 U.S. 335 (1963), the U.S. Supreme court unanimously ruled that the states are required under the Sixth Amendment to provide counsel in criminal cases to represent indigent defendants who are unable to afford to pay for their own attorneys. Gideon extended the right to counsel and enforced its requirements upon the states under the Due Process Clause of the Fourteenth Amendment. In addition to the Fifth, Sixth and Fourteenth Amendment rights, the case of Gideon v. Wainwright, 372 U.S. 335 (1963) also stands as precedent to guarantee indigent defendants charged with serious offenses the right to court-appointed attorney at the government’s expense. The ruling in Gideon established the principle “that every man, the rich, the poor, and poor as well as rich, is entitled to the benefit of counsel” (Fortas,

Wainwright was unanimous. The right to a fair trial was fundamental under the United States Constitution and the guarantee of counsel was a vital part of it. In his concurring opinion, Justice Clark affirms that there is no distinction between capital and non-capital cases in the Sixth Amendment so counsel should be provided in every

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.

Fortas’ main obstacle with the Gideon case was proving that counsel was necessary to Justices Frankfurter and Black who symbolically represented two differing judicial philosophies. Justice Frankfurter was often associated with the phrase “Judicial self restraint”. His ideology preferred judicial matters to be solved within congress and the states. Frankfurter believed that relying too much on judges would hinder the freedoms of the people and corrupt the nation’s concept of democracy. Justice John Marshall

Gideon was too poor to afford a lawyer so he asked if the Florida Circuit judge, Judge Robert McCrary, Jr., would appoint one for him because he pointed out that the sixth amendment guarantees everyone a right

In today’s society the criminal justice system that we live in is flawed in so many ways. Some say that it works while others go to prison or jail for crimes that they didn’t commit. In this paper I will be covering specific examples from the book, The Innocent Man, where the defendant’s rights were violated. John Grisham talks about innocent men being innocent and convicted for murder and sent to unlawful court proceedings. In this paper I will be focusing mainly on the violations of his 6th amendment. The 6th amendment is the right to effective assistance of counsel.

Wainwright. In this case, Clarence Earl Gideon was charged in Florida state court with a felony; he had broken into a poolroom with the intent to commit a misdemeanor. When he appeared in court without a lawyer, he requested that one be appointed. However, according to Florida state law, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon had to represent himself in trial, was found guilty, and had to serve five years in prison. Hearing this, however, while he was in prison Gideon filed a petition for a writ of Habeas Corpus in on the denial of counsel issue to the Supreme Court of Florida. Following that court’s rejection of the Petition, Gideon took his case to the Supreme Court, arguing that his constitutional rights had been violated-which they had been. The Sixth Amendment states that the government is to provide lawyers for criminals in court-even the poor accused. Lawyers in criminal cases are necessities, not luxuries. Gideon won his case, and the Supreme Court held that the Framers placed high value on the right of the accused to have a fair trial with the ability to put up a proper defense, and that

Clarance Earl Gideon was arrested on charges of breaking into a bar. He could not afford a lawyer and was refused an appointed one. After defending himself in court, Gideon was sentenced to five years. He filed a petition to the Florida Supreme Court claiming that his right to legal counsel based on the Sixth Amendment was violated. After his petition was denied, he turned to the United States Supreme

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

Imagine you are a teen walking down the street with a friend. Now imagine being surrounded by police and getting searched for something that is not there. Since the item in question can not be placed the accuser changes their story; After multiple versions of what allegedly happened the police arrest you and your friend. Due to having a history of theft, a judge charges you with second degree robbery, even though there is no evidence to prove any wrong doing. Thinking the justice system will come through, and knowing your innocence, a trial is requested. Bail is set and cannot be paid due to economic hardship. Another consequence of not having money for bail, is there is also no money for a private attorney. A public defender, who has to many cases to keep straight, is assigned to help defend in court, yet he is trying to lessen his load and recommends several times that a plea deal is the best option that should be taken, even in the case of innocence. Picture holding out hope that if the case could just go to trial all would come to light. Four years pass by, mostly spent in solitary confinement, where the harsh circumstances begin to take a toll, mentally and physically. Imagine conditions so horrible, death seems better than enduring another day. Now picture the day for “justice” is finally here. No sooner does court get started it ends. The case gets thrown out due to the person who started all of this not being present. All the suffering that has been endured,

In Gideon v. Wainwright (1963) the Court held that counsel was required by due process in all death penalty trials, in all capital case arraignments, and in cases involving an unsworn defendant who wishes to make a statement. Justice Stanley Reed revealed that the court was divided as to noncapital cases but that several justices felt that the Due Process Clause requires counsel for all persons charged with serious crime.(Zalman,2008).