Gideon V. Wainwright Documentary

Clarence Earl Gideon was charged with felony in a Florida state court, where he
asked the judge to anoint a counsel for him because he could not afford an attorney. The court
declined to give him his request stating that the Florida law allows an indigent defender to be
appointed a counsel only when charged with capital offence (“Defending Gideon”, 2013).
The case overruled Betts and held that an indigent defendant right to appointed counsel is a
fundamental right which is essential to a fair trial. Gideon was tried, without a counsel
benefit, convicted and sentenced to prison for five years. He submitted a handwritten Petition
for a Writ of Habeas Corpus while at Raiford State Prison, denying the counsel issue to the
Florida Supreme Court.
Through the documentary, it is recognizable that, unanimity in Supreme Court
decisions has occurred in minority of cases and reversing precedent unanimity is exceedingly
rare. Gideon established a framework for providing counsel at local and state level but half a
century later there is remainder of practical implication. The existing system before Gideon
offered to the defendant non-equal treatments with regard to counsel appointment. According
to Wroble, 2009, the egalitarian system provided by Gideon v Wainwright’s in administering
justice, did not protect the poor only but allowed the moulding of a clear standard for state
court in regard to the right to legal counsel.
Fridell, 2007, following the court’s petition rejection, he sought relief from United
States Supreme Court. Gideon decision led to release of about 2000 from Florida prison. The
decision on Gideon case did not make him freed but he knew trial with the appointed counsel
defence at the expense of the government. Many critics have arisen based on Gideon case at
the Florida state court. There exists a wide critic over Betts v Brady’s ability of providing
equal opportunities of all individuals on law protection.

Running Head: GIDEON V. WAINWRIGHT DOCUMENTARY

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There has been criticism on Betts v Brady decision of whether the fourteen
amendments that was promised on equal protection of law is extended to other constitutional
amendments. The sixth amendment is inclusive in this argument on the right to have
counsel’s assistance. It has been criticized that many of representing counsels are not
qualified in comparison with their opponents and they do not fight the cases as they would do
if the client was paying them. For a long time, there exists a criticism that the government
hires lawyers for prosecution while the fortunate defendant hires a lawyer to defend making
lawyers to be luxuries instead of necessities.
During times of limited resources, an individual should be given a public counsel to
represent them. Today, many people cannot afford personal lawyers- they are expensive- and
wait for the courts to assist them with a counsel. The law should live with its promise as in
the amendments that no man because of poverty should be deprived of counsel and follow the
promise of the democratic society of equal justice to all. Gideon v Wainwright case provides
egalitarian system on administering justice in USA than it had previously existed through
making the poor less vulnerable and emits ambiguities in the system that is still working
against the poor. Gideon added a step in the genuine fair system path of administering
criminal law in America.
There exists possible solution in our supreme and other courts. Indigent defendants
should be provided with a counsel to help in removal of ambiguities assist in delivering fair
trials from the court system which is working to detriment the poor. The tradition of the
government hiring lawyers for prosecution while defendants who have money hire lawyers to
defend should be changed and criminal lawyers to be a necessity and not a luxury to the
public. There is a dire need for all court system to constitute fair trials without depriving the
financially disadvantages. The counsel should defend the defendants professionally for fair
trial without thinking about money they would earn if privately hired.

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References

Defending Gideon. (2013). Vimeo. Retrieved 29 May 2016, from
https://vimeo.com/61814841
Fridell, R. (2007). Gideon v. Wainwright. Tarrytown, NY: Marshall Cavendish Benchmark.
Wroble, L. (2009). The right to counsel. Berkeley Heights, NJ: Enslow Publishers.