The Right to Councel

Betts was indicted for robbery and detained in a Maryland jail. Betts was indicted for robbery and detained in a Maryland jail. Before his trial he asked for counsel to represent him Before his trial he asked for counsel to represent him

Supreme Court ruled in favor of Betts, yet they stated that the right to counsel must be decided on a case by case basis. Supreme Court ruled in favor of Betts, yet they stated that the right to counsel must be decided on a case by case basis.

His father died when he was three His father died when he was three His mother remarried two years later His mother remarried two years later His mother and stepfather were factory workers and thus pretty poor His mother and stepfather were factory workers and thus pretty poor

He has an assortment of odd jobs and numerous stays in prison, usually for burglary He has an assortment of odd jobs and numerous stays in prison, usually for burglary He married four times He married four times In 1957, he moved to Panama City and worked as a mechanic. In 1957, he moved to Panama City and worked as a mechanic. His family left him after he was in jail again His family left him after he was in jail again

Shortly before the infamous poolroom burglary, Gideon was arrested twice for crimes he hadn’t committed. The FBI believed he was guilty of a break-in at the local armory because he had been convicted of a similar crime 25 years earlier. When the Bay Harbor Bar was robbed, they also suspected Gideon. They couldn’t find evidence in either case so they threw him in jail for vagrancy. Shortly before the infamous poolroom burglary, Gideon was arrested twice for crimes he hadn’t committed. The FBI believed he was guilty of a break-in at the local armory because he had been convicted of a similar crime 25 years earlier. When the Bay Harbor Bar was robbed, they also suspected Gideon. They couldn’t find evidence in either case so they threw him in jail for vagrancy. A month after his release, he was arrested for breaking into the Bay Harbor Poolroom A month after his release, he was arrested for breaking into the Bay Harbor Poolroom

Officer Henry Berryhill Jr. discovered the break-in during a routine patrol Officer Henry Berryhill Jr. discovered the break-in during a routine patrol He asked the man hanging around the front of the building if he knew anything about it He asked the man hanging around the front of the building if he knew anything about it

Held on August 4 th, 1961 in the Circuit Court of Bay County, Florida Held on August 4 th, 1961 in the Circuit Court of Bay County, Florida When the judge asked if Gideon was ready for trial, he responded that he wasn’t and that he requested the court to appoint him counsel to represent him When the judge asked if Gideon was ready for trial, he responded that he wasn’t and that he requested the court to appoint him counsel to represent him The judge said that under Florida law, he couldn’t appoint a lawyer to Gideon unless he was charged of murder of a capital offense, both which threatened the death penalty The judge said that under Florida law, he couldn’t appoint a lawyer to Gideon unless he was charged of murder of a capital offense, both which threatened the death penalty

Supreme Court, 1932: States had to provide lawyers to poor people charged with serious crimes or murder Supreme Court, 1932: States had to provide lawyers to poor people charged with serious crimes or murder Supreme Court, 1938: Poor defendants, reguardless of the seriousness of the crimes they were being charged, were entitled to lawyers in federal trials Supreme Court, 1938: Poor defendants, reguardless of the seriousness of the crimes they were being charged, were entitled to lawyers in federal trials The Problem? Gideon was being tried for a minor offense in a state court The Problem? Gideon was being tried for a minor offense in a state court

Had no lawyer, so had to provide all of the jobs that a lawyer would normally do, and most likely do better Had no lawyer, so had to provide all of the jobs that a lawyer would normally do, and most likely do better He didn’t realize that he could dismiss jurors so he didn’t He didn’t realize that he could dismiss jurors so he didn’t His cross- examinations of witnesses had many flaws that a lawyers wouldn’t have had His cross- examinations of witnesses had many flaws that a lawyers wouldn’t have had Gideon Presented the case against Gideon very well, knowing legal tactics and all Presented the case against Gideon very well, knowing legal tactics and all

While in prison, Gideon was petitioning the Florida Supreme Court to issue a writ of habeas corpus, to determine if he was being held illegally While in prison, Gideon was petitioning the Florida Supreme Court to issue a writ of habeas corpus, to determine if he was being held illegally

Gideon’s first attempt to contact the Supreme Court failed Gideon’s first attempt to contact the Supreme Court failed Fourty copies of the petition must be sent and all supporting documents must be typed. Also there was a $100 fee for a petition. Some poor applicants could provide a document saying that they couldn’t pay the fee Fourty copies of the petition must be sent and all supporting documents must be typed. Also there was a $100 fee for a petition. Some poor applicants could provide a document saying that they couldn’t pay the fee Gideon forgot to mail this along with the rest Gideon forgot to mail this along with the rest

Gideon tried again, this time being successful Gideon tried again, this time being successful His letter included: His letter included: The notarized affidavit The notarized affidavit Copy of appeal to The Florida Supreme Court Copy of appeal to The Florida Supreme Court The court’s reply The court’s reply His main petition, a “Petition for a Writ of Certiorari Directed to the Supreme Court of Florida” His main petition, a “Petition for a Writ of Certiorari Directed to the Supreme Court of Florida” An order that the certified records of the last court to hear the case be forwarded to the court of appeals An order that the certified records of the last court to hear the case be forwarded to the court of appeals

It was handwritten and full of incorrect grammar and spelling It was handwritten and full of incorrect grammar and spelling Its intent was clear Its intent was clear He claimed his rights under the 14 th Amendment had been violated He claimed his rights under the 14 th Amendment had been violated The 14 th Amendment states that the government will not “deprive any person of life, liberty, or property without due process of law…” The 14 th Amendment states that the government will not “deprive any person of life, liberty, or property without due process of law…” Gideon believed that due process included the right to be represented by a lawyer Gideon believed that due process included the right to be represented by a lawyer

Gideon’s Defense Gideon’s Defense The Court appointed a lawyer to Gideon, and this lawyer was very well known: Abe Fortas The Court appointed a lawyer to Gideon, and this lawyer was very well known: Abe Fortas He had already represented many people before the Supreme Court He had already represented many people before the Supreme Court He felt like if he had a good argument, the court was looking to overrule the Betts case He felt like if he had a good argument, the court was looking to overrule the Betts case

Did the state court’s failure to appoint counsel for Gideon violate his right to fair trial and due process as protected by the Sixth and Fourteenth Amendments? Did the state court’s failure to appoint counsel for Gideon violate his right to fair trial and due process as protected by the Sixth and Fourteenth Amendments? 6 th Amendment: The rights set forth in criminal prosecutions. For example, right to a speedy and public trial with an impartial jury… 6 th Amendment: The rights set forth in criminal prosecutions. For example, right to a speedy and public trial with an impartial jury… 14 th Amendment: Prohibits state and local governments from depriving persons of life, liberty, or property without certain steps to ensure fairness. 14 th Amendment: Prohibits state and local governments from depriving persons of life, liberty, or property without certain steps to ensure fairness.

March 18, 1963 March 18, 1963 After deliberating Gideon’s case for two months, the Supreme Court announced, in a unanimous vote, that Betts should be overturned After deliberating Gideon’s case for two months, the Supreme Court announced, in a unanimous vote, that Betts should be overturned Justice Hugo Black wrote the opinion Justice Hugo Black wrote the opinion It spoke of the controversy since Betts was decided It spoke of the controversy since Betts was decided He noted the similarities between Betts and Gideon’s cases He noted the similarities between Betts and Gideon’s cases It overruled Betts case It overruled Betts case

Because the American people are getting more freedoms and liberties so that the individuals themselves are protected Because the American people are getting more freedoms and liberties so that the individuals themselves are protected Ex. American Civil Liberties Union Ex. American Civil Liberties Union Support the Decision It would be harder to sentence someone and possibly would create cases that are disputed It would be harder to sentence someone and possibly would create cases that are disputed

Now in ANY case in ANY court you are guaranteed an attorney, no matter the circumstances Now in ANY case in ANY court you are guaranteed an attorney, no matter the circumstances The right to an attorney is also one of the rights you must be informed of based from the case Miranda v. Arizona The right to an attorney is also one of the rights you must be informed of based from the case Miranda v. Arizona

I believe that the Supreme Court got this one right. If a person cannot afford an attorney that shouldn’t mean that they don’t get one. If it is a common citizen verses a lawyer in an oral argument, chances are that the lawyer is going to win, knowing legal tactics and all. This would mean that anyone too poor to afford an attorney would basically be convicted. That is not a fair trial, something guaranteed to us in the Constitution I believe that the Supreme Court got this one right. If a person cannot afford an attorney that shouldn’t mean that they don’t get one. If it is a common citizen verses a lawyer in an oral argument, chances are that the lawyer is going to win, knowing legal tactics and all. This would mean that anyone too poor to afford an attorney would basically be convicted. That is not a fair trial, something guaranteed to us in the Constitution