Preview

Speedy Trial Analysis

Good Essays
Open Document
Open Document
467 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Speedy Trial Analysis
Speedy Trial

These source texts address the enduring issue concerning states rights being in conflict with federal power by relating Flordia's unwillingness to provide this case's defendant with an attorney and the federal government's power to force Flordia to abide by the 6th Amendment. These issues clearly reflect how prescient our founding fathers were in generating a set of founding principles enabling posterity to grapple with new and evolving situation that could not have been foreseen in the context of the times when our founding documents were written. Luckily, the 6th Amendment is closely aligned with this defendant's right to legal council, providing a useful direction in resolving the tension between the old and new issues. The fact that the state of Flordia should provide Mr. Gideon with a lawer is obvious because the 6th Amendment guarantees a person the right to consult a lawyer in his or her defense and if a lawyer is not appointed, such an act clearly violates the Constitution. Accordingly, these reasons and opposing viewpoints will be discussed next. The first pertinent point to make on behalf of the argument that Flordia must provide a lawyer for Mr. Gideon is that the 6th Amendment guarantees a person the right to consult a lawyer in his or her defense. For example, every person, no matter
…show more content…
Gideon has the right to have an attorney in his defence is that if a lawyer is not appointed, such an act clearly violates the Constitution. To illustrate this point, if Mr. Gideon is not given a lawyer in his aid, it violates the Bill of Rights, and therefore, the Constitution. As an additional point of view, if Mr. Gideon is denied these basic rights given by birth to every American citizen, how long will it be until the Constitution and the Bill of Rights are either entirely ignored or discarded? In short, whenever these rights are slandered, they must be fought for and

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Defendant Clarence Earl Gideon was charged with breaken and entering a poolroom with intent to commit a misdemeanor. Defendant was denied request for appointed counsel on the grounds that under the laws of Florida only a defendant charged with a capital offense was entitled to such an appointment. Defendant was without funds. Defendant conducted his own defense. Defendant was convicted and sentenced to imprisonment of five years in the state prison. Defendant filed in the Supreme Court of Florida the present habeas corpus petition, attacking his conviction on the ground that his federal constitutional rights were violated by the trial court's refusal to appoint counsel. The appeal was denied by the Florida Supreme…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Clarence Earl Gideon was a man that was wrongfully convicted of a crime. Clarence had a bad background prior to the trial. His record prior was that he had felonies, and he was in jail for four times already, and he ran away from home, and was found with some stolen clothes on. His background didn’t make it easy for him to be found guilty. Gideon was accused of stealing wine, beer, money, and Coca Cola from the pool room. The charges that were brought to him was Petty theft. The evidence the state used against him was that he was seen by a witness breaking into the pool room. The sentencing that Gideon got was 5 years in a working prison. Gideon’s first trial was not in his favor, because he did not have a lawyer defending him, and he didn’t…

    • 397 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Wainwright trial. 2They left and impact felt by everyone who steps into the courtroom today. 3Gideon and Betts push to change the precedent paid off. 4In 1972 the precedent was changed to "require counsel for any defendant who would spend even one day in jail if found guilty" ("Gideon v. Wainwright"). 5As the same law was tried many times, it changed each time it was brought into court. 6During its second run through the court, changing the law was denied, and Betts lost his case. 7According to Roberts, the Fourteenth Amendment "does not compel states to provide counsel to any defendant" ("Betts v. Brady"). 8This case resulted in the decline of Betts, an exceptionally diverse in comparison to Gideon v. Wainwright. 9Even though justices doubted Betts claim, Gideon made them believe in it; resulting in a case that made American…

    • 2093 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required by the Sixth and Fourteenth Amendments of the Constitution to provide lawyers in criminal cases for defendants unable to afford their own attorneys.…

    • 773 Words
    • 4 Pages
    Good Essays
  • Good Essays

    As we continue through Gideon’s Trumpet, Anthony Lewis continues to explain the complicated process that the Supreme Court takes in hearing a case. There are many instances in which Lewis shows how he is in favor of thick, procedural democracy. Lewis emphasizes the process of judicial review; the prejudice is the court system, the history of ones right to counsel, and how the court was changing at the time. Through these examples, Lewis shows how the Supreme Court is not a perfectly unbiased system; it is quite adequate in its process. However, as this book relates to American Creation, the time and place of the novel played a pivotal role in fate of Clarence Earl Gideon. Throughout this section of Gideon’s Trumpet, Lewis shows that the case of Gideon v. Cochran and later Gideon v. Wainwright was not as important as the time at which the case occurred.…

    • 687 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Supreme Court decided that having counsel is necessary to receive a fair trial. “Gideon transformed criminal prosecutions and generated significant funding for indigent defense nationally.” (273; WEB) Such funding provides all indigents with a defense attorney at the State level regardless of any special circumstances or the severity of the crime. Gideon’s case changed the way the 6th and 14th Amendments were interpreted thus the Federal powers forced the States to recognize this need for all defendants regardless of their incomes to receive a fair trial by way of free legal…

    • 947 Words
    • 4 Pages
    Good Essays
  • Better Essays

    The seventh step is postverdict motions. This is where the defense can file motions in behalf of the defendant. The defense can argue that the jurors could not have possible found the defendant guilty from the evidence…

    • 920 Words
    • 4 Pages
    Better Essays
  • Good Essays

    USpreme Court Case Study

    • 677 Words
    • 3 Pages

    However, Gideon was wrong. The rule applied by the Supreme Court at that time was in fact exactly the opposite. The Constitution,…

    • 677 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Gideon Vs Wainwright Case

    • 786 Words
    • 4 Pages

    Wainwright case that that everyone that ends up going to court has to be appointed a counsel to help defend themselves. People who can’t afford a counsel gets to get one through the state. They might not be the best person to help you though the case, but at least you get somebody to help you defined yourself during court. No matter how much money you have or don’t have you are required to have somebody no matter if you're the one who finds your counsel or if the supreme court finds the counsel for you. You are required to have one no matter what case it is or who it is against, even if they know you won’t come out free they are still inquired to give you a counsel. The impact that this court case made has help a thousand of people today win or lose cases. Hopefully many times it was helping them because your person you get for your counsel is suppose to make your case better and help you out not make it worse for…

    • 786 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the world of the American Justice system, Gideon's name will always stand for the principle that the poor are just as entitled to counsel as those who can afford it. To this day, Gideon's name and the "trumpet" that he blew have rung true to the words "fair trial". He tore down the wall of Betts vs. Brady and the correlation between the Bill of Rights and the 14th Amendment. Gideon's triumph over our justice system shows that there are still flaws in our judicial structure and there are mountains still to be conquered.…

    • 715 Words
    • 3 Pages
    Good Essays
  • Better Essays

    "The history of liberty has largely been the history of observance of procedural safeguards." We agree with this quote because our country is based on the right to have our guaranteed protection of life, liberty and property. Two of the greatest procedural guarantees that insure liberty are the Fifth and Fourteenth Amendments. According to the Fifth Amendment, a capital crime is punishable by death, while an infamous crime is punishable by death or imprisonment. This amendment guarantees that no one has to stand trial for such a federal crime unless indicted by a grand jury. Further, a person cannot be put in double jeopardy for the same offense by the same government. The amendment also guarantees that a person cannot be forced to testify against himself, and forbids the government from taking a person's…

    • 2354 Words
    • 10 Pages
    Better Essays
  • Satisfactory Essays

    Stewart, through his new appointed attorneys (paid for by a non-profit anti-death penalty organization), has filed a petition for a writ of habeas corpus in the federal district court for the District of Arizona. Among other arguments, Stewart claims that his rights were violated by Arizona because information and testimony was used against him that related to his confidential discussions with his then attorney, James Careful. The state claims that the use of the confidential communication with his attorney was proper in this case.…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Gideon V. Wainwright

    • 419 Words
    • 2 Pages

    In March of 1963, Justice Hugo Black delivered the opinion and concluded that Mr. Gideon was wrongly treated under the 6th amendment. As a result of this over 2000 convicts were freed although Mr. Gideon himself was not freed, rather given a retrial. In his retrial Mr. Gideon was acquitted of all charges.…

    • 419 Words
    • 2 Pages
    Good Essays
  • Good Essays

    References: Colb, S.F. (2008 May 28). Hearsay, the Sixth Amendment, and Framers’ intent: The U.S.…

    • 655 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Of course, no length of time is per se too long to pass scrutiny under this principle nor the accused is called upon to show the actual prejudice by delay of disposal of cases. On the other hand, the Court has to adopt a balancing approach by taking note of the possible prejudices and disadvantages to be suffered by the accused by avoidable delay and to determine whether the accused in a criminal proceeding has been deprived of his right of having speedy trial with unreasonable delay which could be identified by the factors,—(1) length of delay; (2) the justification for the delay; (3) the accused’s assertion of his right to speedy trial; and (4) prejudice caused to the accused by such delay. However, the fact of delay is dependent on the circumstances…

    • 179 Words
    • 1 Page
    Satisfactory Essays