1. Gideon v Wainright
6th and 14th Amendments

2. The trial: https://www. youtube. com/watch
Gideon studies law from within the prison. He filed a habeas corpus petition arguing that he was improperly imprisoned because he had been refused the right to counsel violating his 6th Amendment rights. The Florida Supreme Court ruled against him.
Gideon files a petition to the Supreme Court and is granted cert.

3. “In all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.”
Which amendment is that?
“…nor shall any State deprive any person of life, liberty, or property, without due process of law….”
And this one?
What’s it called when the 14th is used to apply one of our liberties to the states?
6th Amendment
14th Amendment, due process clause
Incorporation Doctrine (aka selective incorporation)

4. Constitutional Question
Does the Sixth Amendment’s right to counsel in criminal cases extend to defendants in state courts, even in cases in which the death penalty is not at issue?

5. Precedents Powell v Alabama (1932) Johnson v Zerbst (1938)
Accused persons in a capital case have the right to counsel and to have sufficient time to consult with counsel and to prepare a defense
Used 14th Amendment to compel states to comply
State courts must also appoint counsel, whether requested or not, when the defendant is “ignorant, feeble-minded, illiterate, or the like.”
Gideon was not being tried for a capital case and was not illiterate (or the like).
Johnson v Zerbst (1938)
For any federal crime punishable by imprisonment, counsel must be appointed for defendants too poor to hire their own lawyer
Betts v Brady (1942)
States did NOT have to provide an attorney in non-death penalty cases to those who were too poor to afford one.

6. Arguments for gideon
You can’t have a fair trial if one side doesn’t have an attorney and the other side does
6th and 14th amendments do not distinguish between types of criminal cases
Any prison sentence can result in loss of liberty
TIPPING POINT…Over 45 states had (on their own) required appointment of counsel to the poor. What is that called?
States as laboratories
22 States filed amicus briefs in support of Gideon

7. Arguments for wainwright
Gideon had no “special circumstances” so an attorney was not required
Forcing the states to provide counsel is an imposition on the states from the Federal Government (states rights argument)
Defendants appear before multiple judges – the judges will make sure the person gets a fair trial
Representation from a lawyer doesn’t mean the trial is fair
Betts was decided only 20 years ago – stare decisis…

8. Unanimous ruling for Gideon
Two concurring opinions
Right to the assistance of counsel in felony criminal cases is a fundamental right essential to a fair trial
States are now compelled to appoint counsel to the poor in all felony cases
It is clear that the founding fathers intended a fair trial to be among the most important of the liberties as there are MANY procedural safeguards in the 6th Amendment.
It won’t be until 1972 that the court will extend the Gideon rule to include misdemeanors that required jail time.