Gideon v Wainwright (1963) Citation of Case: 372 U.S. 335 S.Ct. 155 (1963) Facts: Gideon was charged in a Florida state court with a non-capital felony for breaking and entering a poolroom. He appeared in the court without funds and was unable to Continue Reading...
Introduction The Sixth Amendment provides for the rights of criminal defendants. An accused person has a right to a lawyer. All state courts have to provide legal counsel for the defendant if they cannot afford to hire their own. Lack of legal r Continue Reading...
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 Continue Reading...
Even if the decision might not be popular, wrote the court, "from the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tri Continue Reading...
(Duncan v. Louisiana, 1968) Duncan clearly had his rights violated when he asked for a jury trial and did not receive one. Especially given that the conviction was held on conflicting and limited witness testimony that was likely highly charged and Continue Reading...
Miranda v. Arizona. 384 U.S. 436 (1966) This case was first brought in district court against Ernest Miranda after a rape investigation led authorities to question him. Under questioning, Miranda admitted to raping a young girl and signed a written Continue Reading...
Whether a man is innocent cannot be determined from a trial in which, as here, denial of counsel has made it impossible to conclude, with any satisfactory degree of certainty, that the defendant's case was adequately presented. Quote from Justice B Continue Reading...
Powell was followed by the Court's decision in Brown v. Mississippi which threw out the coerced confession of a defendant in a state criminal case and was a harbinger of what would occur in the early 1960's by the Supreme Court led by Chief Justice Continue Reading...
Decisions of Rehnquist & Warren The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone maj Continue Reading...
Introduction In the United States, the concept of due process is a fundamental principle that ensures fairness and justice in the legal system. Due process is enshrined in the Fifth Amendment of the U.S. Constitution, which states that no person sha Continue Reading...
Sixth Amendment right to counsel applies to everyone, but it can be difficult to ensure that it is correctly applied to defendants with disabilities. That has led to major problems, and has been addressed by several cases, including Faretta v. Califo Continue Reading...
offices in the judicial system, e.g. prosecutor, private attorney, public defender, and comparatively discuss the origin, development, behavior and relatedness of each to the other person would be considered till such a time, innocent of a crime, in Continue Reading...
Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit. I Continue Reading...
When an imbalance of representible matter exists, the basis of the rule of law is jeopardized. What may be done in war is authorized by an intermediary party. A court may review claims by Guantanamo detainees based on alleigance neither to the targ Continue Reading...
Death Penalty in Michigan There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; Continue Reading...
Right to Counsel In the United States, the right to counsel is guaranteed by the 6th Amendment to the Constitution. Right to counsel is the civil right of an accused person to seek the aid of an individual who is an expert in the law of the land. Of Continue Reading...
Administration The basic principles and functions of personnel administration as applied in the field of criminal justice include recruiting, selecting, hiring, placing, evaluating, training, educating, dismissing, promoting, firing, and career dev Continue Reading...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
Evolution over the Years To a majority of individuals, arrest and detention within a law enforcement facility may be counted among the worst of life’s experiences; being coerced into confessing, at times under torture, is much more terrifying. Continue Reading...
Wainwright v Gideon In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in pris Continue Reading...
Brown v. Board of Education In the opinion of this paper, there is no doubt at all that the U.S. Supreme Court decision in May, 1954 -- Brown v. Board of Education -- changed the nation in a very positive way. And it changed the nation not just in t Continue Reading...
