Monday, April 15, 2013

Gideoncv. Wainwright

Background: The defendant: Gideon, was charged with breaking and entering. He lacked sufficient funds to hire a lawyer, and when he asked the court to appoint one for him, they refused.

Issue: Does not being provided with a lawyer violate ones' 6th amendment right to a fair trial and his right to due process?

Decision: By a 9-0 decision, the court decided that he did have the right to have an attorney represent him in court.

Opinion: I believe that one should always be allowed a lawyer to defend oneself in trial. If one is going to have a fair trial, then they should be allowed counsel by somebody familiar with the justice system. To not allow that puts the impoverished at a significant disadvantage when proving their innocence, and is therefore a must in order to have a fair trial.

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