Click here to find out why we feel
Mutual Freedom is fundamental to Americanism.
Freedom rings in our Library ... read The Monroe Doctrine

Site Links

• Home Page
• The Foundations
     of Americanism

• Historic Document
     Library

     • The Declaration of
        Independence

     • The U.S. Constitution
     • The Bill of Rights
     • The Amendments
• Supreme Court Cases
• Today In History
Article Archives --
     • Editorials
     • Opinion
     • In-Depth
     • Headlines
     • Court Challenges

• About Us

Site Search

Go
     Search Tips

Read or Post Mail
by Topic


Opinion & Analysis
Sources

Ryan T. Anderson
Michael Barone
Brent Bozell
Tucker Carlson
Mona Charen
Adriana Cohen
Ann Coulter
Veronique de Rugy
Diane Dimond
Erick Erickson
Jonah Goldberg
John C. Goodman
Tim Graham
Victor Davis Hanson
Froma Harrop
David Harsanyi
Mollie Hemingway
Laura Hollis
Jeff Jacoby
Rich Lowry
Heather Mac Donald
Mychal Massie
Daniel McCarthy
Betsy McCaughey
Stephen Moore
Andrew P. Napolitano
Dennis Prager
Scott Rasmussen
Damon Root
Debra J. Saunders
Ben Shapiro
Mark Shields
John Stossel
Jacob Sullum
Cal Thomas
Hans von Spakovsky
George Will
Byron York


Supreme Court Decision
Know Your Stuff?

Fact lists about ...
U.S. Presidents
States & Territories
States Ranked
U.S. Chief Justices
U.S. Wars & Conflicts
Fed'l Debt & Spending
116th Congress

Flash Stats on ...
Congress
The Supreme Court
Tax Freedom Day

Take our
Americana Quiz


Gideon v. Wainwright
[372 U.S. 335]
Warren Court,  Decided 9-0,  3/18/1963
Read the actual decision


Gideon overturned the precedent set in 1942's Betts v. Brady decision that only required the Right to Counsel Clause of the Sixth Amendment to be applied to the states in special cases. With Gideon, the Sixth Amendment became fully incorporated into the Fourteenth and right to counsel became universal in criminal proceedings.

Like the Betts case, Gideon involved a small-time criminal, in this case Clarence Earl Gideon, charged with breaking and entering, who opted to defend himself at trial when the court refused to appoint counsel. Gideon was found guilty and began to file petitions and briefs on his own behalf charging that his Sixth Amendment right to counsel had been violated.

When Gideon filed an in forma pauperis petition (a request for review from a petitioner unable to pay the Court's costs) with the Supreme Court, it accepted it as a long-sought opportunity to review its Betts decision.

The Court unanimously overturned Betts, deciding that the Fourteenth Amendment required states to recognize the right to counsel provided by the Sixth. Gideon was ordered retried with appointed counsel. (In this case, counsel uncovered new defense witnesses and Gideon was acquitted in his new trial.)

Three years later, the Court decided in Miranda that the accused must be notified of his right to counsel before he can be questioned by police.

The decision in Gideon was generally accepted to apply only to felony cases, but in a similar case in 1972, Argersinger v. Hamlin, the Court extended the right to counsel to misdemeanors as well, as long as the defendant is threatened with jail time. Subsequent cases have continued to refine the point in criminal proceedings at which the defendant becomes entitled to counsel, and to establish that the right to counsel includes the concept of effective counsel. In addition, there continues to be agitation for extending the right to civil cases.

By the mid-eighties, two thirds of defendants were represented by appointed counsel, and studies indicated that the risk of conviction was not significantly different than with private counsel.


Comment on this Decision

Read Comments  On this decision specifically,
     ... or on subject Rights of Accused    Find other Documents
     ... or on subject 6th Amendment    Find other Documents

Write your Congressmen on this issue.

Other decisions pertaining to Rights of Accused:

Betts v. Brady    [316 U.S. 455 (1942)]  Stone Court
Branzburg v. Hayes    [408 U.S. 665 (1972)]  Burger Court
Brown v. Mississippi    [297 U.S. 278 (1936)]  Hughes Court
Estes v. Texas    [381 U.S. 532 (1905)]  Warren Court
Mapp v. Ohio    [367 U.S. 643 (1961)]  Warren Court
McCardle, Ex Parte    [74 U.S. 506 (1869)]  Chase Court
Milligan, Ex Parte    [71 U.S. 2 (1866)]  Chase Court
Miranda v. Arizona    [384 U.S. 436 (1966)]  Warren Court
Weeks v. United States    [232 U.S. 383 (1914)]  White Court

Copyright © 1999-2024 Common Sense Americanism - All rights reserved
Localizations by DB-IP
Privacy Policy   Submitting Articles   Site Guide & Info
Home Page