Gideon v. Wainwright,372 U.S. 335 (1963) Parties: Plaintiff: State of Florida (the prosecutor) Defendant: Gideon Petitioner to the Florida Supreme Court: Gideon (on a writ of habeas corpus) Respondent to the Florida Supreme Court: State of Florida Petitioner to the United States Supreme Court: Gideon (on a writ of certiorari) Respondent to the United States Supreme Court: State of Florida History: Gideon was charged with a misdemeanor (B & E).…
The courts biggest issues were trying to decide whether a trial court’s erroneous deprivation of a criminal defendant’s choice of counsel entitles him to a reversal of his conviction and should proving the sixth Amendment right to proceed with the counsel of choice depend on whether the deprivation of that right also resulted in compromising a defendants’ right to a fair trial. The majority opinion did not apply the Strickland test because they felt that the defendant could not show or give any reason as to why he felt the counsel was ineffective and that the counsels performance was poorly presented and deficient and the defendant was prejudiced by it. What the Strickland test is actually intended for is that the government must contend that the defendant must at least demonstrate that his counsel of choice would have pursued a different strategy and would have created a :reasonable probability”. In court cases the course can be split into two structures; trial errors and structural errors. Most constitutional errors are trial errors that occur “during the presentation to the jury,” and courts have discretion in deciding whether these trial errors are harmless and warrant a new trial.…
A landmark U.S. Supreme Court case Gideon v Wainwright, was able to extend civil liberties because the Supreme Court collectively ruled that the states are ordered under the 14th Amendment due to the U.S. Constitution giving counsel in criminal cases to represent poor defendants. Mr. Clarence Earl Gideon was refused to be appointed a lawyer by the Florida…
After careful review of the assigned film titled “Murder on A Sunday” The viewer is introduced to the events that take place in Jacksonville, Florida on 7 May 2000 at approximately 0730. Mrs. Mary Ann Stevens was shot and killed in the breeze way of the Ramada. Stevens was accompanied by her husband Mr. Stevens, who was the only was the only eye witness in the case. Mr. Stevens identified 15 year old Brenton Butler as the shooter.…
1.Who is Amy Bach? —Why did she write this book? Amy Bach was a journalist who was very passionate and intrigued by criminal law and wanting to seek justice. Which lead her to attend law school to further her education. Once she completed her degree she became an author of the novel called Ordinary Injustice – How America Holds Court.…
This case questioned the Sixth Amendment 's extension of the right to counsel in state criminal felony cases. In a 9-0 decision, the Supreme Court upheld the right to counsel and argued that it extended to all cases. Supreme Court Justice Tom C. Clark argued that the Constitution guarantees the right to counsel in order to protect due process. The Gideon v Wainwright case was as milestone decision in which the Constitution was interpreted very…
Lewis presents all relevant facts, opinions, and events without any personal bias, as he is trying to allow the reader to accurately understand how the Supreme Court managed this case, and all of the behind-the-scenes actions that were taken in order to achieve justice. The book speaks about the 1960’s, as this is the period during and after this case, and where the most immediate consequences of the case can be acknowledged. Also, Lewis briefly touches upon some of the Court’s history, including a short time in the 1920’s. Clarence E. Gideon felt that his treatment by the Court violated the 14th Amendment, which he believed allowed him to be provided with an attorney. Gideon was seemingly lucky, since around the time he filed his petition, some of the Justices were already previously thinking about the issue of whether or not a defendant is guaranteed legal counsel.…
Stephen Bright takes a clear stance when discussing capital punishment. He associates the death penalty with the many other practices which have long been abandoned. These practices include whipping, branding, cutting off appendages, maiming, and other primitive forms of punishment. It is clear that Stephen Bright believes the United States should abandon the death penalty. In fact, his essay is written in a way which assumes that the United States will inevitable abandon capital punishment.…
When a defendant agrees to plead guilty the time spent on what would have been their trial can now be devoted to another defendant. When a defendant takes advantage of a plea deal, they are often granted leniency on their punishment compared to what they might have received if the case went to trial. An advantage for the prosecutor is not gambling the case in court and risk the case being dismissed, or the defendant found not guilty. Another benefit that plea bargains offer is saving the victim from testifying in court. Psychologically, testifying in court could be very traumatizing to the…
1. Chart the changes in federalism throughout American history. What was dual federalism? How was governmental power distributed under this system? How did the Great Depression lead to the decline in dual federalism?…
Historically, America has been predisposed towards racism against African-Americans. However, Americans, for the past century, have effectively ignored the issues with race that the American society still faces in the criminal justice system. In his TED Talk entitled “We need to talk about an injustice,” Bryan Stevenson addresses the issues with the American criminal justice system by detailing the problems and showing the important role the citizens of American can play. Although the topic is a serious one, Stevenson discusses the issues with elegance and carefulness and is able to effectively persuade his audience. Before delving into the information that Stevenson provides in his speech, it is essential to evaluate the setting that Stevenson…
While the ideal example of a democracy places the decisions of government in citizen’s hands, the United States rarely does as such. For example, the Supreme Court, while influenced by public approval and public opinion, isolates itself from the media and public in two specific ways. Its Justices, appointed by the president, are indirect methods for people to get what they want from the highest branch of the Judiciary Branch. Similar to the method and processes used to elect a president through the Electoral College, the Supreme Court works in a way that places the power of the government in educated individuals’ hands as opposed to the direct power of votes in an election for a state governor. It indirectly allows people to influence Court…
Kelsee Kessel 12/1/16 “ The rich get richer and the Poor get prison. “ The book “ The rich get richer and the poor get prison “ by Jeffrey Reiman and Paul Leighton is an attempt to give the reader a look into the criminal justice system that the media and American government doesn’t. It highlights the bias of criminal charges against the poor as opposed to the well off and claims that from even before the process of arrest, trial, and sentencing, the system is biased against the poor. Whether that be in what it choosen to be treated as crime, who is conviced , length of sentencing or ignoring the numerous criminal acts of the rich. It also claims that there isn’t enough compassion or attention for the reasons for crime in poverty stricken neighborhoods but rather these people are looked down upon.…
Reiman and Leighton’s book, The Rich Get Richer And the Poor Get Prison explores a theory that the American criminal justice system is set up in such a way that it is very detrimental to the lower class. The typical reaction to a theory like this is to assume that it is a conspiracy, but Reiman and Leighton make sure to include a section on why this is real, and not a tinfoil hat conspiracy. Their reasoning is that while the criminal justice system is failing to significantly cut down crime, the results of that failure are positive to the upper class, who are the only people that could fix the failure (Reiman and Leighton 5-7).…
I have shown that due to the fact of skin color, one is more likely to be pulled over and serve a longer sentence than that of a non-Hispanic White man. I have shown there is inequality structured within the structure. I have broken it down into three separate races describing what they are most convicted for, how long they are sentenced, and how long they serve their sentence. Racial inequality does exist. This inequality stems from the time of slavery when diversity was not accepted.…