Gideon vs. Wainwright :: essays research papers

Clarence Earl Gideon was arrested in 1961 and charged with breaking and entering a syndicate hall with intent to commit theft, by taking money bulge of vending machines. What he did at the time was considered a felony. When it came time to mother the trial he did not pay enough money for a lawyer and asked that one be appointed to defend him. The judge denied the take saying that under Florida state law counsel can be appointed only in a great offense. Since Gideon didnt have a lawyer and was not educated to defend himself he disjointed easily to the prosecution. Gideon was thence sentenced to five years in prison. He then filed out a writ of certiorari, which is a petition of appeal to the autonomous Court of the United States asking for them to review his case. The Court reserveed Gideons necessitate and appointed Abe Fortas to represent him as his lawyer.This was a very controversial issue, because the courtroom faced the decision of whether to go with the laws that the forefathers had come up with or grant people right to counsel so that the truth can be brought out. The issue was whether the state of Florida violated Gideons 6th Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, because they did not provide him with the assistance of counsel for his outlaw defense.The Court ruled unanimously in Gideons favor and held that the Fourteenth Amendment include state as well as federal defendants. The Court verbalise that all states must provide an attorney in all felony and capital cases for people who cannot contribute one. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states. Gideon won his case and took the groundbreaking pace in public defense lawyers being there for people that cannot afford a lawyer of their own.