Gideon! Gideon v. Wainwright (1963).

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Presentation transcript:

Gideon! Gideon v. Wainwright (1963)

Gideon: Day One The video is a case about your right to counsel and the Amendments that protect an individual when he is on trial by a jury Which Amendment entitles you to be counseled in a court of law?

Gideon and the 5th Amendment Protects the rights of the accused A person accused of a crime is entitled to due process of law, or a fair hearing or trial

6th Amendment ..In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and a district wherein the crime was committed……and to have the assistance of counsel for his defense.

14th Amendment All citizens are guaranteed equal protection under the law Forbids states to deny due process or deny you protection of your rights Fourteenth Amendment is like having a “second bill of rights”

Gideon: Day Two Writ of Habeas Corpus Writ of Certiorari “Produce the body” Seeking relief from unlawful detention Writ of Certiorari Ask the court to hear your case 8,000 cases come to court each year. They only hear 80. Writ of Informa Pauperus In the form of a pauper $300 filing fee with court If you cannot pay this is what your request

Gideon: Day Two Procedures to get your case before the court: You have no “right” to have your case heard by the Supreme Court The Courts selects those cases which it chooses to hear Traditions of the Conference Room: Handshake No clerks only the 9 justices Junior justice takes notes, answers phone, answers door, etc.

Gideon: Day Two Courtroom procedure: Oye Oye Oye! Appellate court: No jury, no witnesses, no exhibits. Only argument of the law 30 minutes for argument White light you have 5 minutes left. Red light time is up.