Gideon and the 6th Amendment

What amendment did Gideon claim was violated by not providing him a lawyer?

6th Amendment

Prosecutor

A person works for the government to try and obtain a conviction against the defendant.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

What did Gideon ask the court in Florida to do? Did the court do this?

Appoint him a lawyer- the court did not appoint him a lawyer

What case did the Supreme Court need to overturn to rule in Gideon's favor?

Betts v. Brady the precedent from that case said that a state did not need to provide a lawyer.

What question did the Supreme Court need to answer in Gideon's case?

Does the Sixth Amendment's right to counsel in criminal cases extend to defendants in state courts, even in cases in which the death penalty is not at issue?

Who defended Gideon at his first trial

He defended himself

unanimous decision

If all the justices voting agree as to the outcome of a case

Sixth Amendment-text

In all criminal prosecutions, the accused shall enjoy the right of 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."

Can someone be sentences to jail for a misdemeanor without a lawyer?

No, the case of Argersinger v. Hamlin, extended the Gideon rule so that poor defendants charged with misdemeanors could not be imprisoned unless they had received free legal counsel.

14th Amendment

States shall not "deprive any person of life, liberty, or property, without due process of law." used to make the first ten amendments applicable to the states.

Ruling in Gideon v. Wainwright

The Supreme Court in Gideon said that the right to an attorney in felony criminal cases is a fundamental right essential to a fair trial. if someone is too poor to hire a lawyer, the state will provide one.

Precedent

a legal case that establishes a rule. This rule is then used by other courts when deciding later cases with similar issues or facts.

indigent

a person that is so poor that that they are unable to afford the necessities of life like food and shelter

What was Gideon arrested for?

burglarizing a pool hall

The right to counsel also means defendants have a right to a _____________________—someone who can represent them ____________________.

competent lawyer, effectively

at his first trial, Gideon was found__________ of the charges against him

guilty

public defender

lawyers work full time defending indigent clients in a government office. This is often the most expensive system, but the full-time public defenders become experts in criminal defense and are usually very committed to the people they represent.

Appeal

request that a higher court reverse the decision of a lower court.

compulsory

required by law or a rule

Who did Gideon first appeal his case to? did he win this appeal?

the Florida Supreme Court- he lost this appeal

counsel

•Lawyer

Sixth Amendment- broken down

•The right to a lawyer •Quick trial •Public Trial •Impartial Jury •The case will be heard in the state that the crime occurred •Be told the charges against you •Be able to question witnesses- both for and against you

Accusation

•a charge or claim that someone has done something illegal or wrong.

the best proof that the right to counsel is fundamental and a person can't have a fair trial without a lawyer:

•governments spend a lot of money to establish systems of justice and hire lawyers to prosecute crimes. •Those defendants who can afford to almost always hire the best lawyer they can get.

impartial

•not already decided, not biased, not prejudiced.

prosecutions

•the act of bringing charges against someone in court. This also refers to the group who is bringing the charges.

defense

•the case presented by or on behalf of the party being accused

ineffective assistance of counsel

•the lawyer did not do a good enough job representing the defendant.