Sunday, April 24, 2011

Gideon v. Wainwright

In 1963 Clarence Earl Gideon was found guilty for breaking into a Florida pool and having the intent to steal from it. In jail he appealed to the Supreme Court requesting a second hearing which he received. The court used it to study the Betts v. Brady (1942) case which stated that the 14th amendment didn't require the 6th amendments guarantee of counsel in criminal cases. Black's argument that every criminal who cannot afford a lawyer should receive one by the court in order to have a fair trial is very strong. Because every individual deserves a fair trial even if they cannot afford a lawyer. And from this case the courts now ruled that under the 6th amendment each individual in a criminal case who cannot afford a lawyer is now presented with one.

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