6th amendment study set

writ of certiorari

A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certioari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.

Betts v. Brady

Betts was indicted for robbery in Maryland. An indigent, he was unable to afford counsel and requested one be appointed for him. The judge in the case denied the request, and Betts subsequently pled not guilty while maintaining he had a right to counsel and arguing his own defense. Question Does denying a request for counsel for an indigent defendant violate the due process clause of the Fourteenth Amendment which embraces the defendant's right to counsel guaranteed by the Sixth Amendment? Conclusion Sort: by seniority by ideology 6-3 DECISION FOR BRADY MAJORITY OPINION BY OWEN J. ROBERTS Criminal defendants who cannot afford a lawyer do not have a right to a state-appointed attorney in their defense Owen J. Roberts Roberts Harlan Fiske Stone Stone Stanley Reed Reed Felix Frankfurter Frankfurter James F. Byrnes Byrnes Robert H. Jackson Jackson Hugo L. Black Black William O. Douglas Douglas Frank Murphy Murphy No. The Court ruled that the previously discovered right to counsel provided by the fourteenth amendment does not compel states to provide counsel to any defendant. Justice Owen Roberts' opinion asserted that the right to counsel merely prevented the state from interfering in a defendant's request for representation rather than requiring a state to offer counsel.

Gideon v. Wainwright

Clarence Earl Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court and argued that the trial court's decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief. Question Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts? Conclusion Sort: by seniority by ideology UNANIMOUS DECISION FOR CLARENCE EARL GIDEON MAJORITY OPINION BY HUGO L. BLACK John M. Harlan II Harlan Hugo L. Black Black William O. Douglas Douglas Potter Stewart Stewart William J. Brennan, Jr. Brennan Byron R. White White Earl Warren Warren Tom C. Clark Clark Arthur J. Goldberg Goldberg Yes. Justice Hugo L. Black delivered the opinion of the 9-0 majority. The Supreme Court held that the framers of the Constitution placed a high value on the right of the accused to have the means to put up a proper defense, and the state as well as federal courts must respect that right. The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. Justice William O. Douglas wrote a concurring opinion in which he argued that the Fourteenth Amendment does not apply a watered-down version of the Bill of Rights to the states. Since constitutional questions are always open for consideration by the Supreme Court, there is no need to assert a rule about the relationship between the Fourteenth Amendment and the Bill of Rights. In his separate opinion concurring in judgment, Justice Tom C. Clark wrote that the Constitution guarantees the right to counsel as a protection of due process, and there is no reason to apply that protection in certain cases but not others. Justice John M. Harlan wrote a separate concurring opinion in which he argued that the majority's decision represented an extension of earlier precedent that established the existence of a serious criminal charge to be a "special circumstance" that requires the appointment of counsel. He also argued that the majority's opinion recognized a right to be valid in state courts as well as federal ones; it did not apply a vast body of federal law to the states.

capital crime

Crimes that are punishable by death are known as capital crimes or capital offences, and they commonly include offences such as murder, treason, espionage, war crimes, crimes against humanity and genocide.

witnesses

Definition of witness for Students. 1 : a person who sees or otherwise has personal knowledge of something witnesses of an accident. 2 : a person who gives testimony in court. 3 : a person who is present at an action (as the signing of a will) so as to be able to say who did it.

speedy and public trial

In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that before being convicted of most crimes, the defendant has a constitutional right to be tried by a jury, which must find the defendant guilty "beyond a reasonable doubt."

6th amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

impartial jury

Right to Trial by an Impartial Jury. ... The Sixth Amendment entitles defendants to a jury pool that represents a fair cross section of the community. From the jury pool, also known as a venire, a panel of jurors is selected to hear the case through a process called Voir Dire.

in forma pauperis

Search Results IN FORMA PAUPERIS. Lat. 'in the form of a pauper.' Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel (but seldom in other than a criminal case).

habeas corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

indigent

poor; needy.

counsel

the lawyer or lawyers conducting a case.