Sunday, April 24, 2011

Gideon v. Wainwright (1963)

In this case, Clarence Earl Gideon was arrested in Florida because he had the intent of burglary. He was put into trial at court but was too poor to afford his own attorney because at that time in Florida, only those who have capital cases were appointed attorneys. Being brought to the Supreme court, Justice Black used court cases Betts v. Brady and Powell v. Alabama to declare that those who are pressed with criminal activity, and are too poor to afford free counsel, must be provided with an attorney or it is illegal.

This case basically provided everybody, even criminals caught red-handed, a "fair trial" in courts around the nation. Whether there is obvious evidence or not to dictate whether the offender is guilty or not is up to the judge, but for each trial, the offender must have an attorney provided to them if they are too poor to afford one. I believe this was right of Justice Black to decide this because it gave more support to the face that courts in America are fair for everyone, regardless of reason.



The free right to counsel provided all citizens, good or bad, the help of a trained professional of the law. Without any help at all, an amateur could never win a case if he or she has no training in law. By giving everyone the fair help of an attorney, the United States can uphold the fact that it provides everyone the same chance to hold their own in every case.

No comments:

Post a Comment