Many Americans to defend their own rights spared no expense to hire a lawyer.But life on the poverty line people how to do?Please look at the following example.
In June 3, 1961, Panama city USA Florida a billiard room is stolen, the thief break the glass into the house, stole some coins in the vending machine.Witnesses to the police say, he saw the basal en in the billiard room (51 years old, poor).The basal never what culture, the police found him, found the basement en pockets filled with coins, so will he arrested and accused him of burglary.(Note: refers to the Florida Li Dazhou)
The basal well really didn't have the money to ask a lawyer, then request the court to appoint a lawyer to him.But the judge said, unless the court otherwise is a capital crime, no obligation to pay defense costs for the poor.So the basal grace had to defend himself in court.He was convicted of burglary, this is a felony in the state of Florida, the base of well with a criminal record, was sentenced to 5 years in prison.
The results, basal grace in the prison law began to self-study period.He found the Florida refused to provide counsel to him, had violated America constitution of the sixth and the Fourteenth Amendment rights bestowed upon him.The provisions of the sixth amendment, all criminal proceedings, the defendant shall enjoy the rights by an impartial jury quickly open trial and the assistance of lawyers defense.The Fourteenth Amendment pointed out, without due process of law, no person shall be deprived of life, liberty and property.The basal en appeal to the Florida Supreme Court in the prison authorities, that is the illegal detention, asked the court to release him.The Florida Supreme Court rejected his request.The basal en still did not give up, he submitted a complaint to the Federal Supreme Court, asking the court to hear his case.The Federal Supreme Court beyond all expectations to agreed to his request, and specify the USA famous lawyer was Fortos as his defenders.Fortos was appointed by President Johnson as the judge of the Supreme Court America.
New York Fordham University Law School professor Martin think, the Supreme Court agreed to hear the case base well meaning beautifully.Because the Federal Supreme Court received about 5000 complaints a year, but in the end only agreed to hear hundreds of them.The semi illiterate prisoner was able to write the complaint, and let the Federal Supreme Court hearing of his case, this fact itself will be no trivial matter., his view of the last to win even more unusual.
In January 15, 1963, the Federal Supreme Court sued the Florida prison chief basal en Brunei special case of a court hearing, the argument is not provided in Florida lawyer is in violation of the sixth and the Fourteenth Amendment to the basal en.
In March 18, 1963, the Federal Supreme Court ruled unanimously basement well has the right to require the state appointed lawyer to defend him, and told all felony criminal cases have the right to request help defense lawyer.
Judge Black on behalf of the court statement pointed out, any person can not afford a lawyer because poverty was brought to court and without a lawyer, can't ensure that he will be able to get a fair trial in Criminal Court, America lawyer is a must not luxuries.Base an established criminal defendant please defense rights of lawyers.
The Federal Supreme Court made the above decision in the case back to the hospital the Florida Supreme Court, the Florida Supreme Court took the case back to the local circuit court for retrial.The basal well take the initiative to give up the appointed lawyer in the trial process, requirements to defend himself, he claimed that his retrial constitutes a double interrogation.
In accordance with the provisions of American fifth amendment to the constitution, no one may harm for the same offense by two life or body.The judge explained that because the defendant because of complaints received review does not constitute a double interrogation.The jury verdict of not guilty later, grace finally released from prison basement.