Gideon V. Wainwright Case Name: Term Paper

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The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal system, the Court seems to recognize that if something has been established as a necessary minimum to guarantee due process in the federal system, it will also be the minimum in the states.

One thing about this case, and about most states' existing criminal systems, is that it differentiates between misdemeanors and felonies, by providing that those charged with felonies are entitled to an appointed attorney. However, the distinction between misdemeanors and felonies seems untenable; people charged with misdemeanors face the threat of the loss of liberty and property. If due process cannot be protected without an attorney, and the Court feels that this threat is the same regardless of the degree of punishment, it seems reasonable that people charged with misdemeanors should also be entitled to a court-appointed attorney.

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Principle: An indigent defendant facing felony charges in a state court proceeding is entitled to court-appointed counsel. This entitlement is not based on the possible punishment that the defendant bases, but on the threat that the defendant will face the deprivation of life or liberty. The Court has recognized that Due Process of law is not something that can be accomplished by most laypersons, because of the intricate nature of law, and the fact that the adversarial American court system means that the prosecution will be represented by an attorney. Therefore, in order to protect a defendant's right to Due Process, all defendants facing felony charges are entitled….....

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