Gideon V. Wainwright Essays

Gideon V. Wainwright Essays-72
Hogan, decided five years later, that the Court fully explored its application of the selective incorporation doctrine.Subsequent discussions of the selective incorporation doctrine have concentrated on Duncan, not Gideon, and it is Duncan, rather than Gideon, that achieved prominence in large part because of its relationship to that doctrine. Indigent Equality The briefs in Gideon, with good reason, addressed the question of whether Betts produced a ruling that was inconsistent with the subsequent decision in Griffin v. The Griffin Court, relying in part on the Equal Protection Clause, held unconstitutional—as applied to an indigent—a state practice conditioning appellate review upon presenting a stenographic transcript of lower court proceedings (which the indigent could not afford to purchase).This Supreme Court case ruled that states in criminal cases must provide legal counsel to those who are unable to afford to pay for their own defence.

Hogan, decided five years later, that the Court fully explored its application of the selective incorporation doctrine.Subsequent discussions of the selective incorporation doctrine have concentrated on Duncan, not Gideon, and it is Duncan, rather than Gideon, that achieved prominence in large part because of its relationship to that doctrine. Indigent Equality The briefs in Gideon, with good reason, addressed the question of whether Betts produced a ruling that was inconsistent with the subsequent decision in Griffin v. The Griffin Court, relying in part on the Equal Protection Clause, held unconstitutional—as applied to an indigent—a state practice conditioning appellate review upon presenting a stenographic transcript of lower court proceedings (which the indigent could not afford to purchase).This Supreme Court case ruled that states in criminal cases must provide legal counsel to those who are unable to afford to pay for their own defence.

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Phillip Kurland, the Review’s editor, made Gideon my assignment, noting that the Court during that term had decided numerous constitutional criminal procedure cases and Gideon clearly was the most prominent of those rulings.

As my research progressed, I came to the conclusion that Gideon was more significant as a case study in the crafting of an opinion that overruled a previous decision (Gideon had overruled Betts v.

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Gideon was not the landmark opinion that established that procedural guarantees found in the Bill of Rights could no longer be held to be fundamental (and therefore applicable to the states) only in some aspects, as opposed to being applied fully to the states under the same standards applied to the federal criminal justice process.

That ruling arguably came one year later in Malloy v.

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Gideon today is an icon of the American justice system.

The Supreme Court in hearing the case, assigned an attorney and future Supreme Court justice Abe Fortas, to Gideon.

The Court found that the Sixth Amendment did not distinguish between capital and non capital cases, and therefore the State of Florida violated the Sixth Amendment.

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