Warning: Use of undefined constant referer - assumed 'referer' (this will throw an Error in a future version of PHP) in /usr/home/essaywo/public_html/essays on line 102

Warning: Use of undefined constant host - assumed 'host' (this will throw an Error in a future version of PHP) in /usr/home/essaywo/public_html/essays on line 105

Warning: Cannot modify header information - headers already sent by (output started at /usr/home/essaywo/public_html/essays:102) in /usr/home/essaywo/public_html/essays on line 106

Warning: Cannot modify header information - headers already sent by (output started at /usr/home/essaywo/public_html/essays:102) in /usr/home/essaywo/public_html/essays on line 109
Gideon Vs Wainwright - Essay

Gideon Vs Wainwright


The framers formed this country with one sole document, the
Constitution, which they wrote with great wisdom and foresight. This
bountiful wisdom arose from the unjust treatment of King George to which
the colonists were subject. Among these violations of the colonists' rights
were inequitable trials that made a mockery of justice. As a result, a fair
trial of the accused was a right given to the citizens along with other
equities that the framers instilled in every other facet of this country's
government. These assurances of the citizens' rights stated in the bill of
rights.
In the Sixth Amendment, it is stated that, “In all criminal
prosecutions, the accused shall enjoy the right...to ...

Want to read the rest of this paper?
Join Essayworld today to view this entire essay
and over 50,000 other term papers

obscured by the Fourteenth
Amendment which states, “No State shall make or enforce any law which shall
abridge the privileges of citizens of the United States.” As a result, many
questions begin to arise which seek to determine the true right of the
accused to the assistance of counsel. Should legal counsel be provided by
the government if the accused lacks the funds to assemble a counsel for his
defense? Or, on the other hand, does this amendment set the responsibility
of assembling a defensive counsel on the accused even if he or she lacks
the funds to do so?
Also, do the states have the right to make their own legislation
regarding the right of the indigent accused to have counsel appointed to
them in the state trials, or does the Fourteenth Amendment prevent this?
The Supreme Court was faced with answering these questions in the case of
Gideon v. Wainwright.
In June of 1961, Clarence Earl Gideon, a fifty year old petty thief,
drifter, and gambler who had spent much of his ...

Get instant access to over 50,000 essays.
Write better papers. Get better grades.


Already a member? Login

to legal counsel ensured by the Sixth
Amendment was only applicable to federal cases, and states had the right to
handle the matter of the appointment of legal counsel to the defense in
state cases at their discretion (Asch, 135). This practice was an effect of
the outcome of the United States Supreme Court case of Betts v. Brady
decided in 1942. In this case, an unemployed farm worker in Maryland named
Smith Betts was charged with robbery requested that the court appoint
counsel to his defense. The judge denied this request on the grounds that
in that county it was not practice in that county for the court to appoint
counsel to poor defendants only in capital cases. Like Gideon, ...

Succeed in your coursework without stepping into a library.
Get access to a growing library of notes, book reports,
and research papers in 2 minutes or less.


CITE THIS PAGE:

Gideon Vs Wainwright. (2005, June 5). Retrieved March 29, 2024, from http://www.essayworld.com/essays/Gideon-Vs-Wainwright/28008
"Gideon Vs Wainwright." Essayworld.com. Essayworld.com, 5 Jun. 2005. Web. 29 Mar. 2024. <http://www.essayworld.com/essays/Gideon-Vs-Wainwright/28008>
"Gideon Vs Wainwright." Essayworld.com. June 5, 2005. Accessed March 29, 2024. http://www.essayworld.com/essays/Gideon-Vs-Wainwright/28008.
"Gideon Vs Wainwright." Essayworld.com. June 5, 2005. Accessed March 29, 2024. http://www.essayworld.com/essays/Gideon-Vs-Wainwright/28008.
JOIN NOW
Join today and get instant access to this and 50,000+ other essays


PAPER DETAILS
Added: 6/5/2005 07:33:23 AM
Category: Government
Type: Premium Paper
Words: 1973
Pages: 8

Save | Report

SHARE THIS PAPER

SAVED ESSAYS
Save and find your favorite essays easier

SIMILAR ESSAYS
» Law: Gideon Vs Wainright
» Gideon Vs. Wainwright
Copyright | Cancel | Contact Us

Copyright © 2024 Essayworld. All rights reserved