Gideon v. Wainwright
Facts: petition was charged in florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. This offencse was a felony under florida law. Appearing in court without funds and without a lawyer petitioner asked the court to appoint counsel for him. The court said no because in florida they could only do that for capital crimes.
Issue: reviewing betts and deciding again if right to counsel is fundamental.
Holding: yes
Reasoning: from the very beginning our state and national constitutions and laws have laid great emphasis on procedural substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man changed with crime as to face his accusers without a lawyer to assist him.
If there is possibility of jail time, then you are afforded the right to counsel
Concurence: the 14th amendment requires due process of law for the deprival liberty just as for deprival of life and there cannot constitutionally be a difference in the quality of the process based merely upon a supposed difference in the sanction involved.
The other reason that this was overturned is that the only two people left on the court from the court that decided betts decented and the others were in favor of it.
-synical view
-why doesn’t black give betts a good burial?
-he hated it the first time
-how is Harlan’s concurrence give Betts a better burial?
-in the lower courts in betts v brady started requiring counsel in like every case anyways
-the special circumstances rile from betts didn’t work.
-why is Gideon easier to apply?
-you get a good hard line rule, you use the same rule that is applied in federal cases
-the court says that the 6th amendment requires counsel in all felony cases
Facts: petition was charged in florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. This offencse was a felony under florida law. Appearing in court without funds and without a lawyer petitioner asked the court to appoint counsel for him. The court said no because in florida they could only do that for capital crimes.
Issue: reviewing betts and deciding again if right to counsel is fundamental.
Holding: yes
Reasoning: from the very beginning our state and national constitutions and laws have laid great emphasis on procedural substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man changed with crime as to face his accusers without a lawyer to assist him.
If there is possibility of jail time, then you are afforded the right to counsel
Concurence: the 14th amendment requires due process of law for the deprival liberty just as for deprival of life and there cannot constitutionally be a difference in the quality of the process based merely upon a supposed difference in the sanction involved.
The other reason that this was overturned is that the only two people left on the court from the court that decided betts decented and the others were in favor of it.
-synical view
-why doesn’t black give betts a good burial?
-he hated it the first time
-how is Harlan’s concurrence give Betts a better burial?
-in the lower courts in betts v brady started requiring counsel in like every case anyways
-the special circumstances rile from betts didn’t work.
-why is Gideon easier to apply?
-you get a good hard line rule, you use the same rule that is applied in federal cases
-the court says that the 6th amendment requires counsel in all felony cases