Gideon+v.+Wainwright


 * __Gideon v. Wainwright__**
 * Year:** 1963 1/1


 * Summary:** Clarence Gideon was arrested in Florida in 1961 for breaking and entering a pool hall. He was a prime suspect for arrest because he was a 51-year old drifter who was in and out of jail since he was 16-years old. Gideon did not have the money to pay for a lawyer to defend him in a crime he knew he didn't commit (Chapter 9 Gideon v. Wainwright, n.d.). He asked to have an attorney appointed to him, but the judge said that Florida only provided an attorney in crimes that could result in the death penalty if found guilty. This meant that Gideon had to defend himself. He was sentenced to five years in prison COMMA where he filled a habeas corpus petition to the Florida Supreme Court COMMA who denied the petition (McBride, n.d.). He then sent his petition straight up to the United States Supreme Court. In his petition he argued that putting him on trial without a lawyer denied him due process. Gideon filed the petition against Louie Wainwright COMMA who was the superintendent of Florida prisons. For his trial in the United States Supreme Court COMMA Gideon was appointed an attorney, Abe Fortas, who would later become a member of the United States SPACE Supreme Court. Gideon was given a retrial for breaking and entering COMMA where he was found not guilty (Chpater 9 Gideon v. Wainwright, n.d.). 4.5/5


 * Constitutional/Legal Issue:** Was Gideon's Sixth and Fourteenth Amendments RIGHTS broken in his case on breaking and entering and then not given a lawyer for a fair trial and due process? The Sixth Amendment says that a lawyer will be given if one can't be afforded. The Fourteenth Amendment involves due process of law and overall citizenship. 5/5


 * Decision:** The court resolved this issue by now appointing a lawyer to people if the money is unavailable for any crime. The outcome was that Gideon's trial was declared unconstitutional COMMA going against the Sixth Amendment (McBride, n.d.). The vote that said it was unconstitutional was unanimous between the justices COMMA which was 9-0. The opinion was given by Justice Hugo L. Black (Chapter 9 Gideon v. Wainwright, n.d.). The action the court took was providing a lawyer for Gideon and others after him who could not afford one. AGAIN, YOU NEED TO USE COMMAS! 4.5/5


 * Significance:** This is significant because if this case would have not happened COMMA then United States citizens would not have the right to a lawyer if they don't have the money to pay for one. If this had never happened COMMA then a lot of more people would be in jail that because a lawyer was absent from their case and have might not have been able to prove them not guilty whether they really where SPELLING or not. AWKWARD WORDING 4.5/5



LABEL YOUR PICTURES - WHO ARE THESE PEOPLE? 1.5/2

(n.d.) //Chapter 9 Gideon v. Wainwright.// Retrieved 17 November 2009 from, [] //Clarence Gideon.// [Online Image]. Retrieved 17 Novemeber 2009 from, [] (1962). //Louie Wainwright.// [Online Image]. Retrieved 17 November 2009 from, [] McBride, A. (n.d.) //Gideon v. Wainwright (1963).// PBS.org. Retrieved 17 November 2009 from, [[http://www.pbs.org/wnet/supremecourt/rights/landmark_gideon.html|http://www.pbs.org/wnet/supremecourt/rights/landmark_gideon.html
 * Bibliography:**

]]OVERALL THE INFORMATION IS GOOD, BUT TOO MANY SPELLING/GRAMMAR ISSUES AND SOME OTHER MINOR PROBLEMS 23/25 = 92% (B+)