The Case: Gideon v.Wainwright (1963)
Step 1: Read the background of the case found at the right. After reading discuss the following:
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Background of the Case:
If you had to represent yourself in court, would you know what to do? Would you be successful if the other side had a lawyer? In 1961, Clarence Earl Gideon was charged with breaking into a Florida pool hall and stealing some beverages and about $5 in cash. He could not afford a lawyer, so he asked the court to appoint one for him. The court refused. Under Florida law at that time, only defendants facing the death penalty could have a free, court-appointed lawyer. Gideon defended himself in front of the jury. He examined witnesses and made legal arguments, but it wasn’t enough. The jury found him guilty and sentenced him to five years in prison. Gideon sued the Secretary of the Florida Department of Corrections, Louie Wainwright. |
"If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell . . . to write a letter to the Supreme Court . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed."
— Attorney General, Robert F. Kennedy
— Attorney General, Robert F. Kennedy
Step II: Discuss the following:
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Step III:
Watch the video to the right, it offers a bit more information about the case of Gideon v Wainwright. After watching the video, discuss the following questions:
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Step IV: Summary and Review
The Supreme Court unanimously (9-0) ruled in Gideon’s favor, overturning/REVERSING Florida's decision and laws about not providing legal counsel/a lawyer as "unconstitutional." The Court stated that “Even the intelligent and educated layman . . . lacks both the skill and knowledge adequately to prepare his defense." The Court decided/interpreted that the Sixth Amendment requires state courts to provide attorneys for criminal defendants who cannot otherwise afford counsel/a lawyer. As a result, all states now employ "Public defenders," to represent these accused criminal defendants. This case also famously interpreted the 14th amendment to "incorporate" the 6th amendment right to legal counsel from the Bill of Rights to apply to all states. What does that mean?? The Bill of Rights originally only applied to limiting federal government, not state governments. The first amendment begins with “Congress shall make no law…” not the states. The Supreme Court case Baron v. Baltimore in 1833 upheld this concept. SO, the 14th amendment finally allows court challenges to make sure the bill of rights protects you from STATE governments, but also that you aren’t discriminated against because of your membership in any minority group. The 14th amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." In the Gideon v. Wainwright case, the court ruled that STATES cannot deny the right to legal counsel, even if you can't afford it. Please be sure to complete your G.O. on this case before moving on! |
Further Reading:
If you need to dive into the case a bit more, here is the iCivics breakdown of the case
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