Tuesday, November 5, 2019

case summary for Gideon essays

case summary for Gideon essays Gideon is arrested for breaking into the Bay Harbor pool room Gideon plead not guilty and requested an attorney, which was declined Gideon was easily found guilty and sent to prison because of his prior career in prison and he had no attorney Was Gideon denied his Sixth and Fourteenth Amendment rights by the state of Florida when he was denied assistance of counsel during his trial and conviction? Betts v Brady only 20 years earlier was decided that the Fourteenth Amendment provided no universal assurance of a lawyers help in a state criminal trial Gideon stands trial for petty larceny Gideon asks for counsel because he is poor Counsel is denied and Gideon is found guilty Gideon claims his rights are violated Gideon files for certiorari for his case to be heard by the Supreme Court Gideon did not claim any special circumstances The Supreme Court decided in Betts v Brady that a lawyer was only constitutionally required only if to be tried without one resulted in a denial of fundamental fairness The court set down certain special circumstances which a person had to meet before counsel was appointed Given the fundamental quality of the Bill of Rights including the Sixth Amendment extended to the States by the Fourteenth Amendments Due Process Clause; and the inability of a man to stand as an equal before the law without counsel, The Betts v. Brady decision is reversed and it is held this mans, Clarence Earl Gideon, Constitutional rights have been violated. The Supreme Court overturned Betts v Brady and Gideon was awarded a retrial with a court appointed attorney ...

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