Select a relating to criminal procedure. Pre approved books: a) Gideons Trumpet, b) color lines, Kelly, Morrow Pub, c)all t - Book Report/Review Example

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1 Professor Name Date A Procedural Analysis of Gideon’s Trumpet It’s ironic that a book about the landmark case of Gideon vs. Wainright (1963) should be titled Gideon’s Trumpet, since it is this case that would re-sound the klaxon of human rights throughout the land…
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Select a book relating to criminal procedure. Pre approved books: a) Gideons Trumpet, b) color lines, Kelly, Morrow Pub, c)all t
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Download file to see previous pages Such was the case with Clarence Earl Gideon, a Florida resident who had been accused of breaking and entering into a pool hall and stealing an unknown amount of change from a vending machine. A single eye witness was all that was needed for a jury to convict Gideon of the crime, and eventually he received a five-year prison sentence. From the beginning of the case, Gideon professed his innocence and requested an attorney to represent him. Further, as an indigent, his only option for counsel was a court-appointed Student Name 2 attorney, which in his view would fulfill the Constitution’s guarantee of representation, regardless of the ability to pay. The judge in the case denied Gideon’s request for court-appointed counsel, citing the lack of a capital charge in the matter, as well as Gideon’s seeming sense of sound mind and literacy, as well as the experience he had gained in defending himself in previous brushes with the law. Not only did Gideon steadfastly maintain his innocence of the charge against him, but he continued to voice his belief that the Constitution guaranteed his right to counsel, regardless of his ability to pay. After a short trial, Gideon was convicted of the charges against him, but a short time after he began serving his term, he filed a writ of habeas corpus in the Florida Supreme Court, which was denied, It is important to realize at this point that since 1942, when the Supreme Court case of Betts vs. Brady determined that the requirement of a lawyer should be determined on a case by case basis. Further, the Court held that in some circumstances, a lawyer was essential to the defendant receiving a fair trial. Without those circumstances, the Court determined that a lawyer was not needed. This opinion was an elaboration of a common English practice which allowed lawyers in only some misdemeanor cases. Even this practice was not always followed by judges who often bent the rule. This practice was modified under the rules of American jurisprudence in 1932 with the case of Powell vs. Alabama when the Court held that the right of the accused to have a lawyer was essential as a safeguard of liberty, but left to the individual states to determine when the rule would be applied. Student Name 3 It is also important to note that ever since handing down the judgment of Powell vs. Alabama, there had been considerable controversy over this opinion, with many jurists concerned over the right of every defendant receiving a fair trial with legal representation, regardless of their ability to afford legal counsel of their own. After Gideon’s appeal was rejected without opinion by the Florida State Supreme Court, he filed a writ of certiorari with the U.S. Supreme Court, which unanimously approved a motion to hear the Gideon’s case. The author of Gideon’s Trumpet, Anthony Lewis, explained that when Gideon filed his appeal, he submitted a handwritten document that explained his case: that it “just was not fair” that he had no access to a lawyer at his trial, which in his opinion he was entitled to under the provision of the 14th amendment of the Constitution. Abe Fortas, who would later join the Court as an Associate Justice, argued Gideon’s case. The Supreme Court found, in a unanimous decision written by Justice Hugo L. Black, that the guarantee of legal counsel provided by the U.S. Constitution in federal criminal cases ...Download file to see next pagesRead More
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