This case is the crux of the Sixth Amendment. The Sixth Amendment states: "In all criminal prosecutions, the accused shall enjoy the right of 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 witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."1
Facts: In 1961, Clarence Gideon was accused of robbing a pool hall in Florida and was charged with various crimes in a state court. Gideon could not afford a lawyer and asked the judge for a lawyer based on his Sixth Amendment right. The judge refused Gideon's request based on Florida law at the time and Gideon, unable to defend himself was convicted and sentenced to five years in jail. While in jail Gideon wrote a letter to the Supreme Court to petition his conviction on the basis of his Sixth Amendment right to counsel and stating that poor defendants should be afforded the same right as do wealthy defendants. The US Supreme Court heard Gideon's case and ruled in his favor.
Conclusion: The U.S. Supreme Court, in a 9-0 decision, March 18, 1963 stated that, "The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel." The U.S. Supreme Court invalidated Gideon's conviction and ordered a retrial with counsel. Gideon was eventually acquitted under retrial.
Lets think about this. What would have happened if Gideon did not write his petition to the U.S. Supreme Court but more importantly what if the Court did not hear his case? Well in all likely hood Gideon would have served his time and the states would still be in a quandary as how to handle this question. Thanks to Clarence Gideon we are now all entitled to counsel without regard to income status.
Notes:
1. The U.S. Constitution: And Fascinating Facts About It. 1993, Oak Hill Publishing
Sunday, August 19, 2007
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