Gideon vs. Wainwright
Snemalna Knjiga Besedilo
- Gideon vs. Wainwright (1963)
- In year 1961 in Florida Clarence Gideon was arrested for allegedly breaking into a pool hall, stealing beverages and $5 dollars. He asked for the court to give him a lawyer since he could not afford one.
- Clarence Earl Gideon you are under arrest for trespassing and stealing
- Well too bad! that's not my problem
- But I can't afford a lawyer!!
- I cant defend myself, I need a lawyer
- I'm not and I'll try to prove it.
- You don't get a lawyer
- If you can't defend yourself then you're guilty
- So I, um, am not guilty because im innocent.
- Gideon struggles to properly defend himself against a professionally trained lawyer. Gideon is found guilty and sentenced to 5 years in prison
- Dear Supreme Court of the U.SMy name is Clarence Earl Gideon and I write to you because I believe my 6th amendment right has been violated. The 6th amendment states that “in all criminal prosecutions, the accused shall enjoy the right . . . tohave the assistance of counsel for his defense.” meaning even if they cannot afford one the accused must be given a lawyer. I was wrongfully arrested and did not have the means to afford a lawyer, and I was not given one. I had to defend myself in court without knowing anything this is wrong please fix it.
- I can't just sit here and do nothing, I must do something to protect myself.
- While in prison Gideon decides to write to the Supreme Court and petition his case, hoping for the best outcome
- The Supreme Court got news of Gideons story. They agreed with him and believed that a lawyer was fundamental to a fair trial.
- Agreed
- We need to enforce the 6th amendment
- Gideon you are not guilty
- Gideon's Lawyer
- The Gideon vs. Wainwright case helped states provide lawyers to the accused who could not afford one. Without this case the 6th amendment might not be as important in present time and fair trials would be overlooked.
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