22 Sep 2022

102

Civil Rights and Civil Liberties

Format: APA

Academic level: High School

Paper type: Essay (Any Type)

Words: 800

Pages: 2

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Civil rights, as defined in the Constitution, refer to the positive actions that the government should take to create equal conditions for all people living in the country. Civil rights mainly protect minority groups such as African Americans, Hispanic communities, and women. Civil rights include the right to public education, right to vote, right to a fair trial, and right to government services just but to mention a few. Civil liberties, on the other hand, refer to all activities that protect a country's citizens against illegal and unwarranted actions by the government. An excellent example of civil liberty is the freedom of religion, which, as a result of the First Amendment of the Bill of Rights, became recognized liberty in the Consitution. Over the years, several Supreme Court cases have been pivotal in shaping the civil rights and civil liberties enjoyed by Americans today. 

An excellent example of such a situation is the Gideon vs. Wainwright case of 1963. Clarence Earl Gideon dropped out of school after the eighth grade. He ran away from home and consequently started committing crimes that saw him spend a lot of time in and out of prison. On one occasion, Gideon broke into a Panama City Hall and stole money from the halls vending machines. In this particular case, Gideon was arraigned in court and charged with forceful entry: which at the time was a felony in the state of Florida (Silverstein, 1965). Since Gideon was all alone without any family nor friends support, he appeared in court without an attorney. He pleaded with the judge to appoint legal counsel for him since he could not afford a lawyer. The state of Florida at the time only allowed the appointment of counsel for defendants from poor backgrounds charged with committing capital offenses. Therefore, the judge declined Gideon’s request for representation since he was forbidden by law to provide public counsel. 

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Gideon had no choice but to represent himself, and after pleading his case, the jury found him guilty and convicted him to five years in prison. In my opinion, Gideon received an unfair ruling since he deserved legal representation by public counsel provided to him by the state. The Bill of Rights in Gideon's case contracts civil rights and civil liberties since it should have been an automatic process that Gideon gets public counsel. The judge had an affirmative duty to offer to appoint counsel for Gideon even before allowing him to enter a plea into the information filed against him (Silverstein, 1965). While in prison, Gideon filed a Habeas Corpus petition, otherwise known as the petition for release from unjust imprisonment. The Supreme Court ruled that Gideon’s conviction was unconstitutional in a unanimous decision written by Justice Hugo Black. Justice Black’s opinion for the court was concurred in by majority judges, but Justice Clark and Justice Harlan wrote separate views to the court (Israel, 1963). 

Gideon's case moved from the local courts of Florida to the Supreme Court, and the number of interested parties grew in number. More and more groups and individuals became involved in Gideon's case, and within a year of the court's decision, a reporter for the New York Times known as Anthony Lewis wrote a book called Gideon's Trumpet. The book caused a nationwide wide stir as it became widely read, causing Gideon’s case to become more and more popular (Mayeux, 2016). Several parties were involved in Gideon’s case. Chief Justice Earl Warren was famously known for leading the Warren court and the Warren Courts revolution in criminal justice procedure in which Gideon became an important component. Chief Justice Warren assigned the opinion of Gideon’s case to Chief Justice Hugo Black, who wrote the majority opinion in the Supreme Court case. Gideon's case went on to impact the justice system, which saw the National Legal Aid and Defender Association (NLADA) publish a handbook on the institution of public defenders (Mayeux, 2016). The court’s decision met the objectives of the majority opinion since Gideon was found guilty and later convicted. 

The Clarence Gideon ruling, along with several related decisions, has had a significant influence on civil rights and civil liberties ever since 1963. Many courts continue to enact reforms following this ruling, and defendants facing serious criminal charges have a righto counsel at the expense of the state if they cannot afford one. Not only are defendants entitled to counsel, but it is their right to be offered counsel in a way that they understand (Silverstein, 1965). It has been made law in both federal and state courts. This ruling protects civil rights since it prevents mistrials, and defendants' cannot be convicted without proper counsel. Those involved in the Gideon case went on to advance civil rights and civil liberties. For example, Chief Justice Earl Warren, through his famously known "Warren Court," not only championed racial and political equality but also made an overwhelming impact in the fight for equality in the criminal justice system. Public counsel for indigent defendants who could not afford private representation was made possible by the Warren Court (Israel, 1963). In conclusion, the justice system should seek to make every trial a balanced fight between the government and an individual. Every person needs to be given a chance to prove themselves innocent and deserve the opportunity for public representation if they cannot afford one. 

References 

Israel, J. H. (1963). Gideon v. Wainwright: The" Art" of Overruling. The Supreme Court Review , 1963 , 211-272. 

Mayeux, S. (201What Gideon Did. Colum. L. Rev. , 116 , 15. 

Silverstein, L. (1965). The Continuing Impact of Gideon v. Wainwright on the States. American Bar Association Journal , 1023-1026. 

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StudyBounty. (2023, September 15). Civil Rights and Civil Liberties.
https://studybounty.com/civil-rights-and-civil-liberties-essay

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