in #OnThisDay 846 Words

#OnThisDay: Gideon v. Wainwright

I should have kept my notes from studying the Gideon v. Wainwright US Supreme Court case when I took Constitutional Law as a senior political science major in college. Fifty years later, I remembered the Gideon case as the one that gave individuals charged with a crime in the United States the right to legal counsel, but I was more than a little fuzzy on the details. Hence, today’s post necessitated my doing some research.

Who was Wainwright?

Louie L. Wainwright was the Secretary of Florida Department of Corrections from 1962 to 1967.

Who was Gideon?

Clarence Earl Gideon had an eighth-grade education. He reportedly ran away from home while a middle school student. He was no stranger to the law throughout his life as he was jailed or in prison more than once for committing nonviolent crimes.

So how in the world did his name get attached to a landmark US Supreme Court case in 1963?

Photo by Jon Tyson on Unsplash

Earlier charges against Gideon bear no bearing on the Gideon v. Wainwright case. The pertinent background facts in the determination of this case are as follows:

Gideon was charged with breaking and entering with intent to commit a misdemeanor after allegedly breaking into a pool hall in Panama City, Florida in June 1961 with intent to commit a misdemeanor. At that time (I do not know the current Florida laws) that charge constituted a felony. Gideon asked the judge in that case to appoint legal counsel from him because he could not afford an attorney. Florida law only permitted for free legal counsel in capital offense cases at that time.

After the judge was forced under state law to deny Gideon’s request, Gideon represented himself in the trial. Despite doing a commendable job considering his education and background, he was found guilty and sentenced to five years in prison.

On the grounds of his constitutional rights having been violated, Gideon filed a petition with the Florida Supreme Court. The state court denied the petition.

Against all odds, Gideon then filed a handwritten petition with the United States Supreme Court and the justices agreed to hear the case. What Gideon was calling into question was the interpretation of the last clause in the Sixth Amendment to the US Constitution.

The Sixth Amendment was ratified with the following wording in 1791 and has never been amended:

“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.”

The US Supreme Court agreed to hear Gideon’s case in part to determine if the 1942 Betts v. Brady case should be reconsidered. In Betts v. Brady, the US Supreme Court had ruled that persons charged with a felony in a State Court was not guaranteed legal counsel under the Due Process Clause of the Fourteenth Amendment.

The Outcome of Gideon v. Wainwright

The US Supreme Court unanimously overturned the Betts v. Brady decision. The Court found the Court had ignored precedent set by Powell v. Alabama (1932) when it decided Betts v. Brady.

Justice Hugo Lafayette Black wrote the opinion for the Court. In part, he stated that “reason and reflection require us to recognize that in our adversary system of criminal justice, any person hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.”

Justice Black went on to say that the ideal of a fair trial cannot be met if a poor defendant is not granted the right of legal counsel.

Therefore, today we have the perseverance of Clarence Earl Gideon and a decision by the US Supreme Court 61 years ago today on March 18, 1963 for the right individuals in the United States have to free legal counsel to defend them in-person in a trial whether it be in a state or federal district case, if they cannot afford to hire an attorney.

Being in the Bill of Rights, the right to a fair trial is fundamental in the United States. This is a right people in such countries as Russia, China, and North Korea cannot imagine.

Remember that when you vote in November.

Until my next blog post

I hope you have at least one good book to read this week.

Don’t forget to visit https://www.janetmorrisonbooks.com to subscribe to my e-newsletter and to read about the books and short stories I have written.

Remember the people of Ukraine, Gaza, and all the other places in the world where innocent people are suffering.

You and I do not have to agree on politics but, at least for now, I am free to state my opinions. I hope you are free to state yours.

Janet

19 thoughts on “#OnThisDay: Gideon v. Wainwright”

  1. Chapeau to Mr. Gideon! That is the way to approach change and achieve progress. I did not know the history of the ruling and I am now in great admiration of that man, which goes to show that a lack of superior education means a lack of intelligence or abilities. I hope you are enjoying good weather Janet. I am travelling through the south of Spain and in every stop I make the weather gets warmer and warmer, almost like summer. I think spring is missing this year! All the best.

    Liked by 1 person

  5. Yes, he did. I should have included that information in my blog post. He stood trial in August 1963 with the benefit of legal counsel. The jury acquitted him of the charges. It is my understanding that he was never in trouble with the law again. He died of cancer in 1972 at the age of 61. Thank you for asking.

    Liked by 1 person

  7. Yes! Thank you to Mr. Gideon! I don’t anticipate ever having to appear before a judge, but what if I am unfairly accused of a crime? I could not afford to hire an attorney. Thanks to Mr. Gideon and the Supreme Court in 1963, I am assured of legal counsel! Sometimes the US Supreme Court gets it right. (Not so sure they got it right in the Texas immigration decision this afternoon, but sometimes they get it right.) Our weather is all over the place! Last week it was in the 70s. This morning it was just below freezing. Typical, though, for March in North Carolina. Hoping my blueberry bushes in bloom right now did not get nipped this morning. It’s a cool day. In fact, I’m drinking hot chocolate as I type this… out of my beautiful penguin mug a blogger friend of mine sold on FineArtAmerica.com! It was reported yesterday that we have now entered the longest stretch without a flake a snow here on record. In addition, our average daily temperatures in the winter months has dropped by a whopping five degrees F. since the 1960s! When I say we had more snow when I was growing up and colder weather, it is now a proven fact. The times they are a changin’.

    Liked by 1 person

  9. Oh yes, the times they are a changing indeed! Here it was a hot summer day at 25 degrees C. But after 1800 hours it got so chilly you needed a jacket! We lost spring for sure and summer is smiling as it looks around the winter corner, and in this city where we arrived to this morning, the weather is dry and we are 724 metres up in the Sierra Nevada Mountains of Andalucía. All the best! And with the makeup of the Supreme Court, I don’t expect many wise decisions coming from the Trump appointees…

    Liked by 1 person

  10. It sounds like you are in a beautiful location. I hope it brings you much artistic inspiration and some relaxation, too! I agree with you about the current US Supreme Court. These people are fairly young and could serve for another 40 years…. Discouraging.

    Liked by 1 person

  11. Yes! Granada is beautiful surrounded by snow capped mountains and filled with history going back in an uninterrupted line for more than 5 thousand years! I will post about it. All the best Janet.

    Liked by 1 person

  14. Dear Janet
    very interesting. We haven’t heard about Gideon case before as we lived in Sweden and Finland at this time.
    Thanks for this history lesson
    The Fab Four of Cley
    🙂 🙂 🙂 🙂

    Liked by 1 person

  15. Thank you so much for your comment, Klausbernd! I’m pleased that you found today’s post interesting!

    I hope you are doing well. It’s wonderful to hear from The Fab Four of Cley.

    Janet

    Like

  16. Thank you very much for your kind words, dear Janet.
    All is well on our side and we hope on your side too.

    Warm greetings from the cold sea
    The Fab Four of Cley
    🙂 🙂 🙂 🙂

    Liked by 1 person

  17. All is well on our side. Just more than a little worried about how the election will go in November. I don’t want to even contemplate the possibility of another four years of the Trumpster.

    Liked by 1 person

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