The Warren Court (1953-1969) Appointed by Eisenhower Liberal period in court’s history Protected Civil Liberties & First Amendment Rights Malapportionment.

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Presentation transcript:

The Warren Court ( ) Appointed by Eisenhower Liberal period in court’s history Protected Civil Liberties & First Amendment Rights Malapportionment in congressional districts unconstitutional Civil Rights and Desegregation Limits on Police and Evidence –Gideon –Miranda "Everything that I did in my life that was worthwhile, I've caught hell for.” - Chief Justice Earl Warren

Gideon v. Wainwright (1963) Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a …. trial….and to have the assistance of counsel for his defence.” VIDEO Questions: 1.What were the key facts in the Gideon case? 2.What did Gideon argue based on the 6 th Amendment? 3.What did the Florida court decide? 4.What did the Supreme Court decide? How many Justices voted for the ruling? Clarence Gideon wrote his appeal to the Supreme Court in pencil while he was in prison

Gideon v. Wainwright (1963) Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a …. trial….and to have the assistance of counsel for his defence.” DISCUSSION Questions: 1.Is it possible to have a fair trial without an attorney? 2.What are two problems faced by public defenders and their clients today? 3.In your opinion, how should U.S. citizens’ 6 th Amendment right be protected? Is enough being done? Should we do more? Should we do less?

Miranda v. Arizona (1966) Fifth Amendment: “No person shall be…. Compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law.” Questions: 1. Do you agree with the procedures put in place by the Supreme Court? Or did the court go too far in interpreting the 5 th and 6 th Amendments? 2. In some other countries, arresting officers who ignore Miranda procedures would be penalized. U.S. courts have chosen instead to make the evidence inadmissible. How would you strike a balance between those two goals?