USA historianThe creation of the historic decision to change

Right to counsel:

Gideon (Clarence Gideon) of the accused Wainwright

Author: Fred Gram (Fred Graham)

Until Gideon (GIDEON) sent his letter to USA Supreme Court, there is no indication he will become a famous symbol of judicial fairness American. 1962 at the beginning of the year, Gideon (GIDEON) sitting in prison in Florida, hastily written appeal sent to the Supreme court. Because he broke into the Panama City, Florida a billiard room (American most criminal cases handled by the Department of state court) and was sentenced to five years. All external display, he is a long-term losers, 51 years old, like alcohol, degree of half tone, due to minor criminal cases in jail, long prison prison consume the majority of life.

With hundreds of years ago lattice (Zenger) trial, an unknown to the public citizen fate has changed America law. In 1963, awarded the Clarence Earl Gideon (Clarence Earl Gideon) has the right to counsel to obtain government allowance, the Supreme Court's decision to facilitate the service poor, defending them in court, expand justice.

 

However, due to two factors, he became a beneficiary, is doomed to put him through America law and became a cult figure.

 

First of all, he deeply believed he was convicted is unconstitutional, and the trial because he is not a lawyer to help. Secondly, the historical development American constitution to him.

 

When Gideon was brought to court for trial, he insists that he is a poor man, constitution, he has the power to appoint lawyers to defend himself. The judge said, according to the Florida law, only the defendant in death penalty cases (cases may lead to the death penalty), have a right to appoint lawyers to defend them.

Gideon insisted: "USA the court says I have the right to appoint a lawyer representation in court."

 

The judge said, no, and ordered Gideon to defend himself. Gideon did this, not good, convicted, and sentenced to up to five years.

 

Therefore, when Cola Gideon (Clarence Gideon) will later Autograph Letter of appeal to the Supreme Court USA, he write a clear record, requires the lawyer representing his rights, but his request was refused. His problem was, he was wrong, the Supreme Court ruled that the defendant has the right never in a state trial attorney representation in court. But Cola Gideon (Clarence Gideon) can never produce a powerful force, finally persuaded the court considered Cola Gideon (Clarence Gideon) position.

 

Expand the bill of rights to the state court

 

These days, the strict implementation of American constitutional right, then, to force these days, it is easy to forget, until the two half of the twentieth Century, the bill of rights is actually a state court neglected the national, State Court seized most of the criminal litigation, the reason is the first 10 amendments are called the bill of rights, do a false assumption, that a serious threat to free their foundation. In eighteenth Century Americans most probably it did not actually happen that, if a tyrannical government, a threat to the rights of the people, it will be the new federal government, oppress / deprivation of the rights of the people. They think that the state government, so close to the people, will never hurt so close to citizens.

 

Therefore, the government bill of rights there is no word as protecting the rights of the people against the abuse of power and the local officials. The first amendment to the constitution said: "Congress shall make no law of any...... " then, it records and other America Constitution Amendment right, the federal government must comply with. Begin with the freedom of speech, freedom of press, and freedom of religion, including the police to prohibit unreasonable searches, and other security forced testimony in court, and the bill of rights, the sixth amendment, guarantee every defendant (federal criminal defense lawyer to assist)". Therefore, if Cola Gideon (Clarence Gideon) by the federal court trial, he does have a constitutional right to appoint a lawyer. Fortunately, it seems that more and more Americans think these same constitutional rights should be granted to the states.

 

Gideon personally wrote the legal petition, submitted to the Supreme Court of Florida, questioned the court found him guilty, the petition may lack the modification, however, the Supreme Court seriously, with reference to its legislation.

The bill of rights that citizens of states makers wouldn't hurt, they only wrong half. State and local officials to fair treatment of most, but the social vulnerable groups - often have poor, uneducated, non white is not fair. Over the decades, this phenomenon is present in the USA, especially some members of the Supreme Court of them, and that some states fail to protect the rights of all people - that is, the political process. If these rights are protected, the Supreme Court will have to rule the state and local officials to comply with the bill of rights.

 

Because the bill of rights clause constraint only the federal government, the Supreme Court to defend the expansion of the scope of rights? The answer lies in the Fourteenth Amendment to the constitution, enacted to protect again after the civil war, freed slaves. The Fourteenth Amendment to the constitution, is different from the bill of rights, and specifically for the state government. It declared, if you do not get the "due process of law", they can not deprive any person of life, liberty, property, or deprive any person received the "equal protection" law rights. These vague constitutional rights, it is difficult to apply to any individual, but if the fourteenth amendment procedure guarantee proper can be interpreted as the state government should abide by the provisions of the bill of rights, the experts know the result, but is a revolutionary expansion of American constitutional rights.

 

Therefore, some Supreme Court justices began to debate, the bill of rights consists of any security? The bill of rights can show the basic idea of a fair society, so the bill of rights related provisions, will be "into" the Fourteenth Amendment due process protection, can be mandatory for state governments to implement. The Sixth Amendment right to safeguard the lawyer, the justice is a basic and necessary conditions? In any case, it should be binding? Imperceptibly, Cola Gideon (Clarence Earl Gideon) took the issue to the Supreme court.

 

Gideon's appeal and the civil rights movement

 

When the Supreme Court announced, in 1962 June, according to Gideon (Gideon) case hearing, to consider the Sixth Amendment right to counsel for the committee, state whether binding? Gideon (Gideon), lawsuits facing a daunting obstacles. 21 years ago, the Supreme Court held that other cases have the same problem, and has decided to appeal against Gideon (Gideon) position. As everyone knows, the Supreme Court has overturned the last judgment, but not always. The Gideon case, the justices cannot even prove since early after the verdict, changed conditions. If the court to sentence Gideon, it will have to swallow the bitter fruit, admission that its previous decision error.

 

However, more subtle level, Gideon's sentence has a lot of background factors. In 1960, there is a general feeling, the domestic modern liberalism prosperity, state and local officials often oppressed minority rights and the poor, and that the legislature violated the rights of States, it seems unlikely to do so, at least not from the highest court of pressure. The basic problem is the southern states abuse black, its methods include legal racial segregation, violence, deprived of the right to vote. Although after the civil war to black civil rights, but there are plans to discriminate against them. After the Second World War, the new technology of newspaper and TV brought serious, the remaining slaves attention American all people.

 

The southern states a series of apartheid's decision, the Supreme Court has begun to exert pressure. Generally speaking, public opinion seems to be the Supreme Court of liberalisation, or at least tolerate it as necessary to go beyond the traditional limits. Therefore, the early 1960's, the Supreme Court ready to move forward, according to the principle of case processing, decided the bill of rights' protection of case, become a common criterion restraint state, the result is called "due process revolution".

When the Supreme Court announced the approval of Florida in of a tough conviction appeal, to decide whether or not all States are required to provide counsel for the defendant, Cola Gideon (Clarence Gideon) became the public is very concerned about the people. For the low degree of prisoners had some unreal, illegible writing legal petition submitted to the relevant American legal basic fairness to the Supreme court. Gideon's appeal is also proposed that human face USA judicial Abstract debate. For his freedom, Gideon did not appoint a lawyer to trial, against an experienced lawyer be prosecuted, so naked and dramatic move USA populace psychology, highlighting its not fair.

 

In a subtle way, the Gideon case also promotes USA black civil rights movement. Gideon was a white man, but he lives in the bottom of society and the economic ladder, such as his other people of color, because of his poverty, he suffered neglect and damage the court. Many black people think them in court (or outside) are at a disadvantage, in court (outside), therefore, their empathy for the Gideon case. The supreme court appointed well-known Washington lawyer (who later became a judge of the court) Abe Fortas on behalf of Gideon to the Supreme Court to appear in court. Abe Fortas thinks, the criminal law rules the Supreme Court and the expansion of civil rights is related to social civilization, a part of the overall effort. He said: "I believe Gideon," if you think about the development of the race, you will see a similar development, in my view, display previous generations, we have a better human rights, broader, more noble idea, I think the Gideon case is the civil rights movement".

 

In March 18, 1963, the Supreme Court ruled the Gideon case. If there's no objection, the court ruled that the Sixth Amendment rights about appoint the lawyer, should be able to constraint states. "in our criminal trial against the system (Adversary System)," the opinion of the court: "any person to appear before the court, too poor to hire a lawyer, unless the attorney help, otherwise can't ensure. The Supreme Court overturned Gideon's conviction, judgement and national know far beyond Gideon pursuit of justice, which means that the Supreme Court has opened a milepost, strengthening the protection of the constitutional rights of the rich and the poor (at the same time, Gideon get their justice, he went to Florida court hearing for trial, at this time, the court appointed a local a lawyer representing, the jury found Gideon not guilty).

 

The debate whether the constitution as a "living document"

 

The Supreme Court for the Gideon decision, cause a series of vital problems, including how to states provide for all the poor defendant lawyer? If poor suspects in the interrogation investigation has the right to appoint a lawyer, a lawyer if they keep silent, undermine the efforts of the police? Without access to lawyers, the release of all convicted prisoners, what impact will be?

 

But more importantly, decision of the Gideon case the cause wider problems. If the Sixth Amendment right to counsel on the Committee for the basic human rights, and states must obey, clearly the Supreme Court would say "the other provisions of the bill of rights", also can constraint states. In fact, at the end of the 1960's, the court has issued a series of decisions, provides that states must comply with the bill of rights the majority of security. The specific measures are as follows: the content of provisions of state prohibits unreasonable searches (Fourth Revision); against the "double penalty", that is if the first was acquitted, again more trial, against forced to testify, testify against alone (fifth Revision); each of the defendants have the right to accept a speedy and public trial, at the same time impartial jury, in the face of adverse witnesses, and through forced procedures to obtain favorable witness / evidence (Sixth Amendment), prohibition of cruel and unusual punishment (Eighth Amendment).

 

Unfortunately, the Supreme Court announced the decision, American is in the rapidly growing uneasy with violence and civil strife period. Criticism of the supreme court accused the judge, in 1968, Nixon in his successful presidential campaign has repeatedly accused the Supreme Court, so other politicians the doings. However, the president of a federal court ruled, in most cases is through the appointment of justice, but this may be rare.

 

In addition, in theory, the due process revolution left lingering question, has not yet been resolved into twenty-first Century. American system of government is based on a written constitution, the Supreme court. If the Supreme Court had faithfully interpret the Constitution for many years, how would suddenly found a new law large institutions in the middle of the twentieth Century, the minority race and criminal defendant's right? Owen Griswold (Erwin N. Griswold) as the dean of Harvard Law School in 1965, sneered: "recently discovered some contents of the Federal Constitution, not previously known".

 

As the court guards believed that the constitution is a "living document". If the judge did not change along with the ages to interpret the constitution, it will become obsolete. The most convincing examples, but Brown accused the Ministry of education, 1954 decision declared school segregation unconstitutional. To achieve this result, the court must overthrow of half a century of decision, said "separate but equal measures to treat blacks, but constitutional. The Supreme Court's Guardian asked, the Supreme Court how not more tolerance, in the international 20 by mid century, States implement apartheid how not unconstitutional?

 

But "living document" critics, think this is invited to actively send the judge will his ideal for social policy ideas to write into the constitution. Roe v. Wade critics often cite an example, the Supreme Court for Roy accused Wade case (Roe v. Wade) of the judgment, ruling in 1973, the establishment of women seeking abortion rights. The court thinks, the legal ban on abortion, violation of women's right of privacy, their doctors make abortion decision, shall not be subject to state interference. Critics point out, the Constitution and the bill of rights for the protection of the privacy right to say, they alleged, judge breeds implied right of privacy, in order to get the ideal result they think.

 

This constitutional debate has evolved into a bitter political struggle. The liberals, in most cases, advocated the "living constitution" mode, and the conservatives believe that judges should be legislation to give the legislature. One of its results, is to judge the appointment and confirmation of the constant political disputes, especially was nominated to the Supreme Court, the facts show disputes endless.

 

After Cola Gideon was acquitted, he lived in Florida Inn, until January 18, 1972, he died at the age of 61. The same year, the supreme court extended his decision, the provisions of any of the accused man (even if the sentence to 1 days in jail), must appoint a lawyer.

 

Gideon initially grave no tombstone, who later donated the tombstone, and think of the word:

 "Every era law seeks to improve human well-being, seek."

 

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Since 1965, the Supreme Court Commissioner Fred Gram (Fred Graham) to New York Times, he has been a law reporter. 1972 years, he turned to the media development, become a law reporter Cbs Broadcasting Inc television news department, and hired when the newly established legal network television in 1989, hiring him as chief anchor and managing editor. He is now a senior editor, Court TV, stationed in washington. Mr. Mr. Graham from Vanderbilt University law degree, the University of Oxford in the UK for Fulbright rich research scholar.

 

From: "USA historianThe creation of the historic decision to change"The tenth chapter