Overview
This week’s reading assignment reviews the Sixth Amendment which bundles a number of due process rights that an accused has during criminal proceedings against him. I chose the right to counsel as a topic for discussion. Gideon v Wainwright (1963) is a landmark case in which the Court ruled that defendants charged with a felony, (or misdemeanor crime with a six month jail sentence), who cannot afford a lawyer, must be provided a lawyer paid for by the government to ensure due process. Gideon has an interesting backstory. Gideon was arrested in Florida in 1961 for breaking and entering a pool hall with the intent to steal money from the vending machines. Gideon requested a court appointed lawyer but was refused because only murder defendants were appointed counsel. Gideon represented himself and was convicted of felony burglary and sentenced to a Florida prison. While in prison, Gideon wrote a handwritten letter asking the US Supreme Court to review his case. The odds of the Supreme Court accepting an informal appeal from a prisoner were extremely slim, yet the Court did accept his appeal for being refused a court appointed lawyer. The Supreme Court appointed a lawyer to argue the case before the Supreme Court and ultimately ruled in Gideon's favor.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Read and view the following text and media:
• Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial - (attached file)
• Gideon v Wainwright - The Sixth Amendment guarantees the accused the right to the assistance of counsel in all criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel unless the right was competently and intelligently waived (https://www.oyez.org/cases/1962/155 )
This module has two parts. Please answer the questions. Please make sure that you are using the APA format for your citations.
• Chapter 11, Self Selection Topic:
Read Chapter 11 of the textbook (attached file) and answer the following questions: What made your wheels turn? What specific topic in this chapter interested you the most and why?
• Right to Counsel:
The Sixth Amendment guarantees the right to have counsel represent you in criminal proceedings. The Court has ruled that the government must provide a lawyer to represent you if you are unable to afford one, and you are charged with a crime that is punishable by incarceration. See Gideon case below. (In NH your right to appointed counsel if you cannot afford an attorney, is guaranteed, even if the incarceration potential is one day. Under federal law it is only for sentences that exceed six months.)
- Review the following case; Gideon v Wainwright 1963 (https://supreme.justia.com/cases/federal/us/372/335/ )
- The Sixth Amendment to the US Constitution does not expressly say that the government must pay for an attorney to represent a criminal defendant. Why did the Court rule in favor of Gideon?
Sample Solution