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Questions and Answers
In Gideon v. Wainwright, what was Clarence Earl Gideon charged with in Florida?
In Gideon v. Wainwright, what was Clarence Earl Gideon charged with in Florida?
- Federal crime
- Contempt of court
- State felony (correct)
- Violation of city ordinance
Florida state law required the court to appoint a lawyer for defendants in all felony cases at the time of Gideon's trial.
Florida state law required the court to appoint a lawyer for defendants in all felony cases at the time of Gideon's trial.
False (B)
What specific amendment did Gideon argue guaranteed his right to counsel in state court?
What specific amendment did Gideon argue guaranteed his right to counsel in state court?
Sixth Amendment
The Court held that the Fourteenth Amendment incorporates the Sixth Amendment right to counsel to ________ courts.
The Court held that the Fourteenth Amendment incorporates the Sixth Amendment right to counsel to ________ courts.
According to the Supreme Court, what is essential for a defendant to have a fair trial?
According to the Supreme Court, what is essential for a defendant to have a fair trial?
As a direct result of the Supreme Court's decision, Gideon's original conviction was upheld.
As a direct result of the Supreme Court's decision, Gideon's original conviction was upheld.
What previous Supreme Court case, mentioned in the excerpts, also emphasized the fundamental nature of the right to counsel?
What previous Supreme Court case, mentioned in the excerpts, also emphasized the fundamental nature of the right to counsel?
The Sixth Amendment guarantees the right to assistance of counsel for one's ________.
The Sixth Amendment guarantees the right to assistance of counsel for one's ________.
According to Justice Black, what is the significance of governments hiring prosecuting lawyers and defendants hiring defense lawyers?
According to Justice Black, what is the significance of governments hiring prosecuting lawyers and defendants hiring defense lawyers?
Justice Sutherland believed that an intelligent and educated layman is always capable of adequately preparing their own defense in a criminal case.
Justice Sutherland believed that an intelligent and educated layman is always capable of adequately preparing their own defense in a criminal case.
What specific phrase did Justice Sutherland use to describe the critical role of counsel in guiding a defendant through legal proceedings?
What specific phrase did Justice Sutherland use to describe the critical role of counsel in guiding a defendant through legal proceedings?
The right to be heard would be of little avail if it did not comprehend the right to be heard by ________.
The right to be heard would be of little avail if it did not comprehend the right to be heard by ________.
Match the following:
Match the following:
Which of the following statements best describes the impact of Gideon v. Wainwright on the American legal system?
Which of the following statements best describes the impact of Gideon v. Wainwright on the American legal system?
Gideon v. Wainwright established that lawyers are a luxury, not a necessity, in criminal court proceedings.
Gideon v. Wainwright established that lawyers are a luxury, not a necessity, in criminal court proceedings.
Flashcards
Gideon v. Wainwright Summary
Gideon v. Wainwright Summary
Clarence Earl Gideon was charged with a state felony and denied a lawyer because he couldn't afford one. He argued he had a constitutional right to counsel.
Gideon v. Wainwright (1963)
Gideon v. Wainwright (1963)
The Supreme Court case that established that the Fourteenth Amendment incorporates the Sixth Amendment right to counsel to state courts.
Fourteenth Amendment
Fourteenth Amendment
Guarantees the right to due process of law; used to apply the Bill of Rights to the states.
Sixth Amendment
Sixth Amendment
Guarantees the right to counsel in criminal prosecutions.
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Incorporation
Incorporation
The idea that the rights in the Bill of Rights also apply to the state governments.
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Fair Trial
Fair Trial
The Court stated that defendants have a constitutional right to a fair trial and this requires having an advocate present who understands the legal system.
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Need for Counsel
Need for Counsel
Without a lawyer, defendants may not understand the charges, rules of evidence, or how to present a proper defense.
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Equal Justice
Equal Justice
Lawyers ensures fair trials before impartial tribunals in which every defendant stands equal before the law.
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- Clarence Earl Gideon was charged with a state felony in Florida and was too poor to afford a lawyer.
- Gideon requested the court to appoint him a lawyer, but his request was denied because Florida state law only allowed for court-appointed lawyers in capital cases.
- Gideon, forced to represent himself, was convicted by the jury and appealed his case.
- Gideon argued he had a constitutional right to counsel in state court.
- The central question was whether the Fourteenth Amendment (right to due process) incorporated the Sixth Amendment (right to counsel) to state courts.
- The Court held the Fourteenth Amendment incorporates the Sixth Amendment right to counsel to state courts.
- The Court stated defendants have a constitutional right to a fair trial.
- A fair trial requires having an advocate present who understands the legal system.
- Gideon was granted a retrial with a lawyer provided by the government.
- The Sixth Amendment provides the accused the right to assistance of counsel for defense in all criminal prosecutions.
- Counsel must be provided for defendants unable to employ counsel in federal courts, unless the right is competently and intelligently waived.
- Fundamental rights safeguarded against federal action by the first eight amendments are also safeguarded against state action by the Fourteenth Amendment's due process clause, including the right to counsel in a criminal prosecution.
- In the adversary system of criminal justice, a person too poor to hire a lawyer cannot be assured a fair trial unless counsel is provided.
- Governments spend vast sums of money to establish machinery to try defendants accused of crime.
- Lawyers to prosecute are deemed essential to protect the public's interest in an orderly society.
- Most defendants charged with crime hire the best lawyers they can get to prepare and present their defenses.
- Government hiring lawyers to prosecute and defendants hiring lawyers to defend indicates lawyers in criminal courts are necessities, not luxuries.
- The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in the US.
- State and national constitutions and laws emphasize procedural and substantive safeguards designed to assure fair trials before impartial tribunals where every defendant stands equal before the law.
- The ideal of fair trials cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.
- The right to be heard would be of little avail if it did not comprehend the right to be heard by counsel.
- Even the intelligent and educated layman has small and sometimes no skill in the science of law.
- If charged with crime, he is incapable of determining for himself whether the indictment is good or bad.
- A defendant lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one.
- A defendant requires the guiding hand of counsel at every step in the proceedings against him.
- Without counsel, a defendant faces the danger of conviction because he does not know how to establish his innocence.
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