Gideon Wright

Gideon his complete name was Clearance E. Gideon a man with no resources to hire a lawyer once he found himself in need of one. Gideon was a white man who was in and out of jail most of his life. He just could make his way to settle and work and was instead constantly gambling and doing a few thefts. Gideon was a man who’s education had barely reach the 8th grade at the age of 51 he was accused of burglary with other previous accusations. Gideon was accused of the crime because a witness protested to have seen him leaving the crime scene with money and alcohol. A surveillance camera had also recorded the whole act and the images were used in court. Gideon was arrested later that morning. The Gideon case help the history of trial and in some sense the rights of the people with low income or no resources to hire a lawyer.

CASE/CRIME

Gideon was convicted to 5 years in prison without the benefit of council. He had filed a handwritten petition when he was in prison in the State of Florida. Gideon, had four previous felony convictions, claimed in blunt terms he'd been denied a fair trial.” I requested the court to appoint me attorney and the court refused" Words by the same Gideon. The court reversed Gideon's conviction and overturned a 1942 ruling, Gideon was retried five months later and acquitted.

LEGAL PERSPECTIVE

Because of the Gideon the Supreme court made a huge compromise with our nation to provide counsel to even indigent people and that everyone will have the right to counsel. We must keep in mind that our officials, judges and legal assistants, the people elected them, they are in those positions because many low income people voted for them, they owe security to the people. Every year, America's courts process thousands of offenders "either with no lawyer at all or with a lawyer who does not have the time, resources or, in some cases, the inclination to provide effective representation," stated Gideon's Broken Promise. "All too often, defendants plead guilty, even if they are innocent, without really understanding their legal rights or what is occurring."(Bellows Vol. 99 Issue 3, p8-8.)

TRIAL/APPEAL

Because of Gideon denial to the right to council he appeared alone in court. On the second trial he chooses W. Fred Turner to be his lawyer. The case was taken to the Supreme Court were Gideon was imposed a judge and his case had a turnover. The sixth Amendment was written to provide counsel to those who could afford it. And the fourteen Amendment was written to make people’s legal rights equal. Gideon case was one of many cases of Supreme Court decisions that have confirmed to the defendants these rights in criminal proceedings, upon request, to have counsel appointed both during trial and on appeal.

HISTORICAL

The right to counsel has change greatly over the years since it was first to originated in England and brought to the United States. In 1789 the sixth amendment right to counsel originally meant a court would not prevent assistant of counsel of a defendant if the defendant was able to provide his own. Over the years the sixth amendment has expanded, diminish and took a abroad change clarify by different justices. The states were at a different status to imposed a jail sentence if a defendant had not been represented by an attorney. After the Gideon case the law impose that even indigents have the right to counsel. “ According to the report, "Gideon's Broken Promise: America's Continuing Quest for Equal Justice," indigent-defense services remain in a state of crisis, lack fundamental fairness and place poor people at constant risk of wrongful conviction.”

FUTURE RESEARCH

Comparison to other related cases.

Crucial changes of the legal system and its approach to similar cases.

The overcome of the Gideon Promise.

References http://libezp.nmsu.edu:2051/hottopics/lnacademic/

Copyright (c) 2013 St. Thomas Law Review St. Thomas Law Review Summer, 2013 St. Thomas Law Review 25 St. Thomas L. Rev. 373