Sunday, April 24, 2011

Gideon v. Wainwright

in 1963, Clarence Earl Gideon was arrested for breaking in with intention to burglarize.  At his trial, he was refused a court appointed attorney, because the state of Florida did not provide attorneys for capital cases. Conducting his own defense, Gideon was sentenced to five years imprisonment. From prison, Gideon wrote a hand written petition requesting an appeal from the United States Supreme Court. His case was accepted by the court to examine the decision in Betts v. Brady, which established that council was not appointed for capital cases. The court decided in his favor, establishing that "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him". I completely agree with the courts decision to overturn the decision in Betts v. Brady. I find it shocking how they could expect someone with no previous experience to defend themselves properly in a court of law without any representation.

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