Gideon v Wainwright And The Constitutional Questions It Raised Law and Society Lynn Handy April 25, 2002 By: Rikki Leigh Ford
Rikki Leigh Ford 1 4/25/02 Rikki Leigh Ford Law and Society Lynn Handy Apri125, 2002 When our country was first being fonned our founding fathers established a Constitution. One of the goals of this document was to establish justice. Ten amendments, known as the Bill of Rights, were addoo to the document for this reason. Under the same document a court was established to ensure that no person was denied the rights the Constitution gave them. In January of 1963 one man challenged this court, and in doing so, changed the face of the United States justice system forever. In June of 1961 Clarence Gideon was arrested in Panama City, Florida, and charged with breaking and enteril1g. A lqcal pool hall had been broken into, and Gideon, a 51-year-old drifter with a criminal record was the likely suspect. It was believed he broke into the poolroom in "an effort to steal beer, Coke, and coins from the cigarette machine" (Goodman, 62), In August the case went to trial. Gideon informed the judge that he was not prepared for the trial because he lacked legal counsel. He also asked the court to provide him with legal counsel to represent him (Goodman, 62). The judge refused Gideon's request and stated the following' Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent "you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your
Rikki Leigh Ford 2 4/25/02 request to appoint Counsel to defend you in this case" (372 U.S. 335). The judge was referring to the Supreme Court case ofbetts v Brady (decided 1942). The court in this case said, "in the great majority of states, it has been the considered judgment of the people, their representatives, and their courts that the appointment of counsel is not a fundamental right, essential to a fair trial" (Goodman 64). Under the same case legal counsel ensured by the Sixth Amendment was only guaranteed in federal cases. States. therefore. could handle the appointment of counsel at their own discretion (Asch, 135). Lacking legal counsel, Gideon tried to direct his own defense. However, being only a common man with no legal education his efforts were ineffective. The jury convicted Gideon of the felony and he was sentenced to five years in prison, the maximum sentence (Goodman, 62} During his time in jail Gideon studied all the law books he could find. He filed a petition for habeas COrpUSl before the Florida Supreme Court. This petition sought to invalidate his conviction and sentence on the basis that the trial court's refusal to appoint counsel denied him of rights enumerated in the Constitution of the United States and the federal government. Although the court gave no reason for their decision the petition was denied (372 U.S.335). Gideon then took the most important step of his life, and filed his case to the 1 A writ having for its object to bring a party before a court or judge; especially, one to inquire into the cause of a person's imprisonment or detention by another, with the view to protect the right to personal liberty; also, one to bring a prisoner into court to testify in a pending trial (Webster:s, 1998).
Rikki Leigh Ford 3 4/25/02 United States Supreme Court in forma pauperis.2 In the petition Gideon argued that putting him on trial without a lawyer was unfair because it denied him the due process of law guaranteed under the 14th amendment. Gideon chose to file the petition against Louie L. Wainwright, who was the superintendent of Florida prisons. Gideon did this because he believed his constitutional rights had been violated and he was being held in prison illegally The court selected Gideon' s case to be heard, and they appointed a famous Washington attorney, Abe Fortas, to represent him. On January 15, 1963 his case came to be argued before the United States Supreme Court. This was a big decision considering 20 years earlier the court had rejected the same argument. However, Gideon appealed at the right time, and the current court was willing to change its mind (Koukoutchos). In 1963, when Gideon filed his appeal, about half of all the people convicted in state courts could not afford to hire a lawyer. Consequently, the Supreme Court Justices had recently reversed a number of convictions. This was due to serious legal errors that were made when defendants had been forced to defend themselves in court without the help of lawyers. the Supreme Court Justices decided to hear Gideon's petition The basis for Gideon's argument was that it was unconstitutional for the states to create their own state legislation which decides the circumstances under which the court appoints counsel to the defense, and that his Sixth Amendment right to counsel was violated. Gideon' s legal counsel argued that these pieces of state legislation are unlawful on the ground that they abridge the right to have the assistance of counsel for defense that is given by the Sixth Amendment. This argument was strongly supported by the 2 If the case were approved for consideration the government would provide a lawyer and all other expenses for the consideration of the case before the Supreme Court (Wilson, 431 )..
Rikki Leigh Ford 4 4/25/02 Fourteenth Amendment which states "No State shall make or enforce any law which sha1l abridge the privileges or immunities of citizens of the United States.," These arguments were considered before the court in an attempt to earn an appeal, a new fair trial for Gideon (372 U.S. 335). On March lsth of the same year, the court handed down its opinion. All nine justices concluded to reverse Gideon's conviction on the basis that he was denied due process by reason of the denial of the appointment oflegal counsel to his defense (372 u.s. 335). Justice Black delivered the opinion of the court: "...In our adversary system of criminal justice, any person ha)ed into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for hirn"(372 US 335). The decision was unanimous and Gideon received a new trial. With proper legal representation Gideon was able to present his case the way it should have been presented the first time. As a result, Gideon was acquitted of the charges against him. to cou~ While no one can disagree that all people accused of a crime should have the right this decision presented a problem. Hundreds of other prisoners who had been CCDt<"' convicted without benefit of defense counsel won their release Florida jails, as well as the jails of other states (Goodman 66). This is a bit disconcerting when one considers that some of these prisoners may have been guilty of their crimes or hardened by prison Nonetheless, these prisoners were being casually released back into society. In my opinion, those people who were considered for release should have been granted another trial, rather than be released immediately. Still this brings up yet another constitutional problem. If a prisoner had a trial but was denied legal counsel, does it violate the section of the Fifth Amendment, which states that, "Nor shall any person be
Rikki Leigh Ford 5 4/25/02 subject for the same offence to be twice put in jeopardy of life or limb."3 Because the prosecutor is the one who is requesting a second trial rather than the convict this seems to be the case. A more viable solution to this problem would have been to let those who believed they were innocent to file appeals in which they would have legal coun~ Nonetheless, Florida, in an attempt to right their wrongs, jumped the gun and quite possibly could have done more harm Regardless, it is my belief that the decision promoted justice and helped more people than it ever hurt. This one case was able to set clear guidelines for two constitutional amendments. One of these was the Fourteenth Amendment4, and the other was the Sixth Amendments. In the Gideon case the ruling meant that the states must give the Sixth Amendment guarantee to the defendant who is accused of violating a state law. This meant that the state no longer had the power of discretion in the execution of its own laws. It is my legal philosophy that justice must be served at all costs. Gideon v Wainwright shows that in order for justice to be done you have to give a little. Governments, both state and federal, spend vast sums of money to establish machinery to try defendants accused of crime. The lawyer is necessary to argue the states case and protect the public's interest Also, those accused of a crime who can afford to hire a lawyer do. That government hires lawyers to prosecute and defendants who have the money hire lawyers to defend are the strongest 3 The Fifth Amendment ~tees the right of a person who is acquitted to not be tried again for the same crime. 4 This amendment prohibits the states from enacting and enforcing any law that abridges the rights of the citizens set forth by the Bill of Rights (McClenaghan. 739) 5This amendment states "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public tria1, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed ofthe nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, andto have the assistance of counsel for his ~efense"(mcclenaghan, 737).
Rikki Leigh Ford 6 4/25/02 indications of the widespread belief that lawyers in criminal courts are necessities, not luxuries. Perhaps Justice Black put it most brilliantly, "The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours " (372 US 35). This shows that the United States Government is willing to go the extra mile to ensure the liberties of its citizens. Since that decision this case served as the foundation for the promotion of real justice throughout the entire United States Justice System. This case inspired writer Anthony Lewis, who had been covering the Supreme Court for the New York Times since the mid-1950s, to write GIDEON'S TRUMPEJ: which was published in 1964. The title is a biblical reference in which one small man, an unlikely hero, brings down the entire Midianite camp (Life Application Bible, Judges 6-8). Like Gideon of the bible, Clarence Gideon, one small man, changed the entire legal system of the United States. Clarence Earl Gideon, a man who had been "tossed aside by life, " stood up against the entire legal establishment, winning for himself and every felony defendant after him the assurance of counsel in a court of law. ~/r,1 0/1 qcf
Rikki Leigh Ford 7 4/25/02 Works Cited Asch, Sindey H. (1968). Civil Ri~ts and ResQonsibilites under the Constitution. New York: Arco Publishing Company. Gideon v. Wainwright. 372 U.S. 335 (1963). Goodman. Elaine &Walter. (1971). The Rights of the Peo121e. Toronto: Doubleday. Koukoutchos, Brian. Clarence Gideon' s Road to the SuRreme Court. Retrieved April 18, 2002 from the world wide web : htt :/I("""W'W'contstitutioncenter.or resourceslsu reme court/4bl.as (This link has been changed since the date of acess ) Life Ap~lication Bible. (1991). Wheaton, lllinois & Grand Rapids, Michagan: Tyndale House Publishers Inc. & Zondervan Publishing House. McClenaghan, William A. (1997). American Government. Needham, Massachusetts Prentice Hall. Webster's Revised Unabridged Dictionm. (1996). Plainfield, NJ: MICRA, Inc. Wilson, James, & John J. DiIulio, Jr. (1995). American Government. institutions and Policies. Lexington, Massachusetts: D.C. Heath and Company.