How USA poor lawsuit: Gideon Wainwright

In 2003 02 months 12 days
Reporter: sub micro | Washington

Many Americans to defend their constitutional rights, not hesitate to spend huge sums of money to hire a lawyer. For the rich people, it may not be a problem, but for under the poverty line, no money to ask a lawyer to do? Here, we try to understand how poor people are USA lawsuit. We should introduce the case in twentieth Century 60 early cases, this case is important, because America Federal Supreme Court in this case, the defendant was charged with felony criminal cases please lawyers to defend the rights and provide free of charge to the poor the rights of defense counsel.

The causes and after * *

At midnight on June 3, 1961 to 8 in the morning, a billiard room in Panama City, Florida is stolen, someone broke the window glass into the room, from the vending machine to steal some coins. On the afternoon of the same day, a witness told police that he had that day in the morning, about five thirty in the billiard room to see Clarence Gideon. Gideon is a 51 year old white, he is poor, but also do not have what culture. The police found Gideon in a place nearby, he was holding a cup of wine, the pocket was filled with some coins, so the police to arrest him, and charged him to break. Because Gideon didn't have the money to hire a lawyer, so in the trial, he asked the court to appoint a lawyer to him.

However, the judge said, unless it is otherwise, death, no obligation to pay defense costs for the poor, Gideon but had to defend himself in court. He didn't do any preparation before trial, but also do not know how to choose the summoned to his advantage witness, for example, he summoned the police arrested him as a witness. In addition, he also does not know what is the question, the witness, testimony is a party to the other party the questioned. As you can imagine, so a little culture, playing lawsuit be utterly ignorant of to defend what will be the result. Gideon was convicted of burglary, which belongs to the crime in the state of Florida. Because Gideon has a criminal record, he was sentenced to 5 years in prison.

* Gideon * appeal the Federal Supreme Court

Gideon in prison in the prison library law began to self-study. He proposed, Florida refused to provide counsel to him, violation of the constitution of the sixth and the Fourteenth Amendment right to give his. The provisions of the sixth amendment, all criminal proceedings, the defendant is entitled to a fair jury quickly and public trial and the right to have the assistance of counsel defense. The provisions of the Fourteenth Amendment, without due process of law, no person shall be deprived of life, liberty or property. Gideon then in prison to the Florida Supreme Court, asking the court to release him, because he considered himself as authorities illegal custody.

However, the Florida Supreme Court rejected his request. Gideon not to give up, he went to the Federal Supreme Court wrote a complaint, asking the court to hear his case. The Supreme Court was beyond all expectations to consent to his request, and specify when the famous lawyer Fortos as his lawyer. Fortos was appointed by President Linden Johnson as judge of the Supreme Court USA.

Professor Martin Flaherty of the Law School of Fordham University in New York (Martin S. Flaherty) thinks, the Supreme Court agreed to hear the case of Gideon (Gideon v. Wainwright) significance. He says, the Federal Supreme Court every year, received about five thousand complaints, but finally decided only trial which hundreds of complaints. The semi illiterate prisoner was able to write the complaint, and let the Federal Supreme Court of the fact that his case would be no trivial matter. itself, his view of the last to win more beautifully. The Federal Supreme Court held that, Gideon It stands to reason.

* the Supreme Court to make a historic decision *

In January 15, 1963, the federal supreme court prosecution American Gideon Wainwright. Wainwright held hearings, the prison director Florida, he became the party accused of this case. In court, the focus is on both sides of the argument, the Florida did not provide defense lawyer is a violation of the constitution of the sixth and the Fourteenth Amendment to Gideon.

In March 18, 1963, the Federal Supreme Court ruled unanimously said, Gideon has the right to state appointed lawyer to defend him, and all felony criminal cases in the defendant has the right to request help defense lawyer. Judge Black on behalf of the court's statement said: "if anyone because the poor can not afford a lawyer, was put on trial without a lawyer to defend him, then it can't ensure that he will get a fair trial, this is obviously true for us."

Justice Black also pointed out, familiar with USA judicial system would agree that, in the criminal court, lawyers are required, and not a luxury. USA "national legal aid and Defense Association" vice chairman Joan Wallace pointed out, have milepost sense in this case. She said, before this, the Federal Supreme Court ruled that the defendant, had no such case of a lawyer. Only in death or face the death penalty case, to an attorney. Wallace said, the Gideon case established criminal defendant lawyer defense rights, this is a basic right USA constitution, that is to say, if you were convicted of a crime and sent to court, and may be sentenced to prison, then you have the right to an attorney.

Professor Dan Braverman of New York Syracuse University School of law (Daan Braveman) points out, this decision makes the poor can afford a lawsuit. He said, this sentence means, from the state to provide free of charge to the poor defense attorney. Some states American established public defender office or legal aid office, they have a group of lawyers full-time and provide free legal services to the poor. Other states have hired private lawyer, a case a case. For example, if a poor judge assigned him a lawyer, the judge will find a private lawyer for him, attorney fees by the state to bear. Braverman points out, this approach makes the whole criminal procedure more fair, because the prosecution accused now finally have a knowledge of the law program of a lawyer to represent him.

* Gideon * re released after

USA Federal Supreme Court made the decision at the same time, the case back to the Florida Supreme Court, the Florida Supreme Court gave the case back to the local circuit court for retrial. In the circuit court, Gideon originally requested by the America Civil Liberties Union lawyer to defend him. However, after the trial began, he changed his mind. He told the judge, he didn't like these lawyers, hope to be able to defend their own representative. He also claimed that, to his retrial constitutes 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 asked him if he had their own lawyers to defend him, he said. Therefore, Gideon had to choose a lawyer. The judge explained to him that, because the defendant his appeal and retrial does not constitute a double interrogation. The jury verdict of not guilty later, Gideon was released from prison.

After the Gideon case, the Supreme Court in a separate case further judgment, the defendant was charged with misdemeanor criminal cases if you can't afford a lawyer, also have the right to request the court to provide them with the defense lawyer for free.

* * Gideon doctrine

Just now, we introduce the history of poor American involving lawsuit case, the Supreme Court not only give was charged with felony defendants the right to counsel, but also determined to those who can not afford a lawyer's poor free lawyer principle. Then, the poor to meet what conditions are eligible to receive a free lawyer? What is USA legal standards in this area?

Professor Dan Braverman of New York Syracuse University law school says, because the living expenses are different, so the standard poor states are not the same. New York city and rural area is not the same standard. The standard of poverty is generally associated with the government set the poverty line, if you are below a certain level even if the poor. However, Braverman also pointed out, the state does not have a poverty standard fixed, for example the annual income below $10000 will be the poor, poverty standard how to depend on the jurisdiction.

To March 18, 2003, the Federal Supreme Court decision USA case of Gideon over the past 40 years. The ruling in America is how to implement? Just now, we talked about, felony defendants were brought to the court, if have no money to pay the lawyers, judges or private lawyer, or let the public defender and the legal aid lawyer to defend him, these lawyers employed by the state government, the state government funded or pay the attorney fee.

Vice President America "national legal aid and Defense Association" Joan Wallace (Jo-ann Wallace) pointed out that, due to legal aid and public defender strength is limited, therefore the rights of the poor and has not really been implemented. She said, the actual situation is, in America, there is still no attorney rights, more of the time, even if people have lawyers to defend them, and no lawyers almost, because the public defender of limited funds, can not well defended.

New York Syracuse University law school professor Dan Braverman said, the real problem for the poor were accused of crimes is, legal aid lawyers and public defenders are often overloaded with work, they have to deal with the case too much, very difficult to give individual attention to the case. For example, in the main rely on private law of the state of New York, to pay the lawyer's fee is very low, many lawyers do not want to be engaged in this work. Therefore, although the basic principles has existed for 40 years, however, there are many problems in the concrete implementation process.

Joan Wallace said, Americans know that everyone is equal before the law regardless of the reason, how income, people have the right to obtain the legal aid, which is represented by the case of Gideon spirit. However, she thought, to make the Federal Supreme Court established the principle into reality, still need to make further efforts.