Gideon v. wainwright

6th amendment: the right to counsel

Gideon v. Wainwright1963

Inès Abdillah Madi Droit des pays anglophones

1) accused of burglary by an eyewitness 2) public defender only for capital offenses 3) guilty verdict: 5y emprisonment

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Background of the case and trial court

Clarence Earl Gideon

Petition for a writ of habeas corpus denied

6th amendment

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense"

Against Louie L. Wainwright Violation of the 6th amendment ( 14th amendment) 1) unworkable current framework 2) everybody, regardless of education or ressorces, needs an attorney

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Appeal to the Supreme Court

Abraham Fortas

Supreme court decisionMarch 18th 1963

Unanimously in Gideon's favor2 concurring opinions - Powell v. Alabama (1932) - Betts v. Brady (1942): special circumpstances. overruled

Consequences

Landmark case which enable the generalization of the right to counsel

Second trial for Gideon and people all over the country. acquitted

1964

Massiah v. U.S.

1932

Miranda v. Arizona

civil cases

extended the need for public defenders

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Tip: Interactivity is the key to capturing the interest and attention of your audience. A genially is interactive because your audience explores and engages with it.

Tip: Interactivity is the key to capturing the interest and attention of your audience. A genially is interactive because your audience explores and engages with it.

Tip: Interactivity is the key to capturing the interest and attention of your audience. A genially is interactive because your audience explores and engages with it.