Gideon v Wainwright (1963)

See the source imageWe know we have the right to an attorney, and we always see a person say he won't talk until his lawyer is present. What if you don't get a lawyer even if you wanted one? I that fair? 

Background:
Clarence Earl Gideon was arrested in Florida for breaking into a poolroom and stealing stuff. He wanted a lawyer at trial, but the state of Florida refused and said they were reserved for capital cases and not these kinds of cases (he was poor and didn't have the money to hire a better lawyer). Gideon actually had to represent himself in court and he lost and was sentenced to 5 years in prison. He filed a habeas corpus petition that the court violated his 6th amendment rights. the Florida Supreme Court denied and he brought it up to the SCOTUS.

Question:
Does the 6th Amendment which protects the right to counsel in cases also extend to state courts dealing with felonies?

Arguments:
In a felony case like this, there is no need to provide the right o matter how guilty, the defendant should be able to have the best means possible of protecting him.

Conclusion:
Based on due process, the defendant should be guaranteed legal counsel in all cases, no matter how severe they are. It is up to the defendant if he/she wants one or not.

Implications:
Now in every court case, people are guaranteed a lawyer unless they specifically request to waive that right.

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