Gideon v. Wainwright: Difference between revisions
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'''Gideon Wainwright''' | ''' ''Gideon v. Wainwright'' ''', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court case, decided in 1963, establishing the right to counsel protected by the Sixth Amendment of the [[United States Constitution]]. The Supreme Court ruled that if a [[felony]] defendant is too poor to hire an [[attorney]] to represent him at the trial, the court must appoint an attorney for the defendant. | ||
==Factual background== | ==Factual background== | ||
In 1961, [[Clarence Earl Gideon]] was charged with burglary but was too poor to hire an attorney. He represented himself | In Florida in 1961, [[Clarence Earl Gideon]] was charged with burglary but was too poor to hire an attorney. He asked the court to appoint counsel to represent him at trial, but the court denied that request based on existing law, which did not reqire counsel to be appointed in non-capital cases. So Gideon represented himself at the jury trial, was convicted, and was sentenced to five years of [[imprisonment]]. He filed for a writ of ''habeas corpus'', against Wainwright, the corrections director, and claimed that he had not received a fair trial because of the lack of counsel. The Supreme Court of Florida denied his petition (135 So.2d 746), but Gideon took that denial up to the U.S. Supreme Court. | ||
==Precedents== | ==Precedents== | ||
Prior to this case, there had been several Sixth Amendment [[right to counsel]] decisions. In ''[[Powell v. Alabama]]'', decided in 1932, the majority opinion by Justice [[George Sutherland]] established the | Prior to this case, there had been several Sixth Amendment [[right to counsel]] decisions. In ''[[Powell v. Alabama]]'', decided in 1932, the majority opinion by Justice [[George Sutherland]] established the right to counsel in capital (that is, death-penalty) cases. In 1938 the court extended the guarantee of counsel to federal felony cases in the case ''[[Johnson v. Zerbst]]''. In the 1942 case ''[[Betts v. Brady]]'', however, in an opinion penned by Justice [[Owen Roberts]], the court denied the right to court-appointed counsel to non-capital state criminal defendants. | ||
==Decision== | ==Decision== | ||
The court decided unanimously that Gideon | The court decided unanimously that Gideon had a right to a court-appointed attorney. ''Betts v. Brady'' was overruled. The opinion was written by Justice [[Hugo Black]], who was also the author of ''Johnson v. Zerbst'' and a dissenter in ''Betts v. Brady''. Justice [[William Douglas]] and [[John Marshall Harlan II]] wrote separate concurring opinions. | ||
==Media== | |||
The case was the subject of the 1980 made-for-television movie ''Gideon's Trumpet''. | |||
==Sources== | ==Sources== | ||
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*[http://supreme.justia.com/us/372/335/case.html Full opinion of the court] | *[http://supreme.justia.com/us/372/335/case.html Full opinion of the court] | ||
*[http://www.nacdl.org/public.nsf/championarticles/A0301p18?OpenDocument Champion Magazine] | *[http://www.nacdl.org/public.nsf/championarticles/A0301p18?OpenDocument Champion Magazine] | ||
*[http://www.imdb.com/title/tt0080789/ "Gideon's Trumpet"] on imdb | |||
[[Category:CZ Live]] | [[Category:CZ Live]] | ||
[[Category:Law Workgroup]] | [[Category:Law Workgroup]] | ||
Revision as of 21:13, 11 April 2007
Gideon v. Wainwright , 372 U.S. 335 (1963), was a landmark U.S. Supreme Court case, decided in 1963, establishing the right to counsel protected by the Sixth Amendment of the United States Constitution. The Supreme Court ruled that if a felony defendant is too poor to hire an attorney to represent him at the trial, the court must appoint an attorney for the defendant.
Factual background
In Florida in 1961, Clarence Earl Gideon was charged with burglary but was too poor to hire an attorney. He asked the court to appoint counsel to represent him at trial, but the court denied that request based on existing law, which did not reqire counsel to be appointed in non-capital cases. So Gideon represented himself at the jury trial, was convicted, and was sentenced to five years of imprisonment. He filed for a writ of habeas corpus, against Wainwright, the corrections director, and claimed that he had not received a fair trial because of the lack of counsel. The Supreme Court of Florida denied his petition (135 So.2d 746), but Gideon took that denial up to the U.S. Supreme Court.
Precedents
Prior to this case, there had been several Sixth Amendment right to counsel decisions. In Powell v. Alabama, decided in 1932, the majority opinion by Justice George Sutherland established the right to counsel in capital (that is, death-penalty) cases. In 1938 the court extended the guarantee of counsel to federal felony cases in the case Johnson v. Zerbst. In the 1942 case Betts v. Brady, however, in an opinion penned by Justice Owen Roberts, the court denied the right to court-appointed counsel to non-capital state criminal defendants.
Decision
The court decided unanimously that Gideon had a right to a court-appointed attorney. Betts v. Brady was overruled. The opinion was written by Justice Hugo Black, who was also the author of Johnson v. Zerbst and a dissenter in Betts v. Brady. Justice William Douglas and John Marshall Harlan II wrote separate concurring opinions.
Media
The case was the subject of the 1980 made-for-television movie Gideon's Trumpet.