Gideon Gideon v Wainwright 1963 Gideon Day One

Gideon! Gideon v. Wainwright (1963)

Gideon: Day One The video is a case about your right to counsel and the Amendments that protect an individual when he is on trial by a jury • Which Amendment entitles you to be counseled in a court of law?

Gideon and the 5 th Amendment • Protects the rights of the accused • A person accused of a crime is entitled to due process of law, or a fair hearing or trial

6 th Amendment • . . In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and a district wherein the crime was committed……and to have the assistance of counsel for his defense.

14 th Amendment • All citizens are guaranteed equal protection under the law • Forbids states to deny due process or deny you protection of your rights • Fourteenth Amendment is like having a “second bill of rights”

Gideon: Day Two • Writ of Habeas Corpus – “Produce the body” – Seeking relief from unlawful detention • Writ of Certiorari – Ask the court to hear your case – 8, 000 cases come to court each year. They only hear 80. • Writ of Informa Pauperus – In the form of a pauper – $300 filing fee with court – If you cannot pay this is what your request

Gideon: Day Two Procedures to get your case before the court: • You have no “right” to have your case heard by the Supreme Court • The Courts selects those cases which it chooses to hear Traditions of the Conference Room: • Handshake • No clerks only the 9 justices • Junior justice takes notes, answers phone, answers door, etc.

Gideon: Day Two Courtroom procedure: • Oye Oye! • Appellate court: No jury, no witnesses, no exhibits. Only argument of the law • 30 minutes for argument • White light you have 5 minutes left. Red light time is up.