Gideon vs Mainwright
Текст на Статията
- Gideon v Wainwright is about a man who ran away from home when he was in middle school. He was charged with breaking and entering with the intent to commit a misdemeanor. When he showed up in court he did not have a lawyer because he could not afford one. He was denied an attorney and sentenced to five years imprisonment. He filed a petition to the U.S. Supreme and got his case reviewed.
- The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment.
- Gideon v Wainwright (1963)
- Gideon was given another trial with an appointed lawyer and was acquitted of the charges.
- I have been denied a fair trial. A lawyer should be provided to everyone!
- Facts of the Case
- You cannot be allowed a lawyer because it can only be provided for poor defendants charged with capital offenses.
- Amendment violated during the issue
- Everyone is now provided by the states an attorney and cannot be denied one even if he or she can not afford one.
- Arguments for the petitioner/outcome of case
- Arguments for the respondent
- Decision/explanation
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