Tuesday, October 15, 2013

Gideon v. Wainwright

Case Name: Gideon v. Wainwright

Year: 1963

Result: 9-0, favor Gideon

Related Constitutional Issue/Amendment: Amendment VI, Right to Counsel, Due Process

Civil Rights or Civil Liberties: Civil Liberties

Significance/Precedent: This Supreme Court ruling made it clear that people who could not afford a lawyer were to be provided with one in every situation, not just for really bad crimes. Due process includes the right to a defender. To deny someone a public defender would be unconstitutional. The Sixth Amendment was incorporated.

Quote from Majority Opinion: "The Sixth Amendment provides, "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence." We have construed this to mean that, in federal courts, counsel must be provided for defendants unable to employ counsel unless the right is completely and intelligently waived."

Summary of the Dissent: There was no dissent.

Six-word Summary: Right to counsel, Sixth Amendment incorporated

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