Gideon V Wainwright is a case where the U.S Supreme court gave a ruling that it is a requirement for the states to give legal counsel to destitute defendants who faces charges of felony breaking and entering (Silverstein, 1965). This ruling took place on 18 th March 1963. This case revolved around Clarence Earl Gideon who faced charges of a felony. In June 1961, Gideon allegedly burglarized a pool hall in Panama City, Florida. He was found guilty and hence imprisoned for five years. But Gideon argued that his trial was unfair since he was denied the right to an attorney.
For one reason, Gideon V Winwright is considered a landmark ruling. Civil society’s hallmark is one way in which interests of those despised and vulnerable are protected. Gideon made it clear that indigent criminal defendants needed protection against the state powers and even so, Gideon’s promise stays unfulfilled. Any criminal defendants lack the right to vote incase convicted with a felony and so, less political incentive is in place for the legislators to get, over funding of a very modest level.
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Also in the case, the courts has taken support to the problem by crafting a threshold which is low for what contains adequate criminal case representation. Detectives have been sited ineffective for some reasons being under drugs or alcohol or sleeping in the trial. Counsel assistance is low, to an extent referred to as “foggy mirror”, if a mirror is put before a lawyer’s face and there is fog, it becomes clear to the judiciary (Israel, 1963).
The Supreme Court later had oral arguments on the case, and Gideon was represented in the high court for free. Two months later arrived at a ruling that Gideon's denial of an attorney was a violation of the fourteenth amendment. Gideon was, therefore, to be tried again. Later in 1963, Gideon was found innocent.
References
Israel, J. H. (1963). Gideon v. Wainwright: The" Art" of Overruling. The Supreme Court Review , 1963 , 211-272.
Silverstein, L. (1965). The Continuing Impact of Gideon v. Wainwright on the States. ABAJ , 51 , 1023.
