Gideon vs. Wainwright :: essays research papers

Clarence Earl Gideon was arrested in 1961 and charged with breaking and entering a pool planetary house with intent to commit theft, by taking money pop of deal machines. What he did at the time was considered a felony. When it came time to have the ravel he did not have enough money for a lawyer and asked that one be appoint to defend him. The judge denied the request face that under Florida domain law counsel can be appointed only in a capital offense. Since Gideon didnt have a lawyer and was not educated to defend himself he lost advantageously to the prosecution. Gideon was then sentenced to five years in prison. He then filed out a writ of certiorari, which is a petition of appeal to the Supreme speak to of the United States asking for them to review his case. The courtyard granted Gideons request and appointed Abe Fortas to represent him as his lawyer.This was a very controversial bailiwick, because the court go about the decision of whether to go with the laws th at the forefathers had come up with or grant commonwealth right to counsel so that the truth can be brought out. The issue was whether the state of Florida violated Gideons Sixth 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 criminal defense.The Court ruled unanimously in Gideons favor and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that altogether states must provide an attorney in all felony and capital cases for slew who cannot afford one. Through the Fourteenth Amendment due process clause, the Sixth Amendment set about of the right to counsel applies to the states. Gideon won his case and took the groundbreaking step in public defense lawyers being there for people that cannot afford a lawyer of their own.