POL 123 Survival Guide

							POL 123 Survival Guide

   10 Practices That Will
    Improve Your Grade
Download and Review Presentations
            Carefully Brief All Opinions
•   GIDEON v. WAINWRIGHT
•   U.S. Supreme Court (1963)
•   ILLUSTRATION: The 6th Amendment right to have counsel when charged with a crime.
•   FACTS:                 Gideon was arrested for a non-capital felony.
•   PRIOR PROCEEDINGS:                 The State of Florida prosecuted Gideon. At trial, Gideon claimed
    indulgency and asked the court to appoint an attorney to represent him. The Court denied his
    request based on Florida law that only allows court appointed attorneys for Capital offenses. D
    represented himself and was convicted by a jury and sentenced to prison. While in prison, Gideon
    made a habeas corpus petition to the Florida Supreme Court claiming that the 6th Amendment to
    the U.S. Constitution entitles criminal defendants to counsel. The Florida S.C. denied relief and
    Gideon then Petitioned the U.S. for a Writ of Certiorari. It was granted.
•   ISSUE/HOLDING: Does the 6th and 14th Amendment entitle indigent criminal defendants with the
    right to court appointed counsel? YES.
•   RATIONALE:             An early U.S. Supreme court decision (Betts v. Brady) had decided that indigent
    criminal defendants did not have the right to court appointed counsel in non-capital offenses, but
    the Supreme Court decided that it was time to overturn the Betts v. Brady decision. Due Process
    require fundamental fairness in court proceedings and the role of counsel is essential to this
    fairness. The State provides well trained prosecuting attorneys to represent the interests of the
    people and defendants with resources always get the best Defense counsel possible. Our adversary
    system requires that both sides do their best and out of that comes fairness. An indigent defendant
    is not a “fair fight,” and the 14th Amendment requires that the States provide fairness (due process).
    Conviction reversed. New trial with appointed counsel ordered.
Study the Concepts Described
   Between the Opinions
Prepare Case Analyses Answers
     Using All Resources
Look Up Definitions
Take Class Notes
Attend Regularly
Ask Questions in Class
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