gideon part 2

gideon part 2

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  • Ok, well first thing we have to do is look into the 6th amendment. It says in a criminal trial the accused has the right to counsel in his defense. Florida didnt do that so you may have a case.
  • You know a lot about the law. Help me prepare my case. My constitutional rights have been violated.Last time I did it by myself and was found guilty. I need advice.
  • What is your story and why are we here today?
  • US Supreme Court January 15, 1963
  • Justice Hugo Black
  • Last time I was tried I represented myself because I couldn't pay for a lawyer and wasn't allowed to have a free one. That's why I went to jail.
  • Sixth Amendment - The Text In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 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 of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.
  • I am entitled to a fair trial and due process and I will make sure I get it for myself.
  • I believe my civil liberties have been violated. This is unconstitutional.I have a right to a fair trial as a citizen of the United States.
  • US Supreme Court Gideon v Wainwright . Case takes 2 months in trial. Justices Clark, Harlan and Douglas all agree the 6th amendment does not specify if a case is capital or non- capital when providing legal counsel.
  • The court decides in favor of Mr. Gideon. He is a free man . His prior conviction was unconstitutional. It went against his rights as the 6th and 14th amendments allow. Every poor person deserves representation and a fair trial!!!
  • March 18, 1963
  • No longer will the poor of our country be discriminated against. Every person will have the ability to be legally represented when accused of a crime and its all thanks to me!
  • August 5, 1963- Gideon is retried with his new free attorney W. Fred Turner and is found innocent of the burglary in less than 1 hour.
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