Transcript of Civil Liberties & the Civil Rights Court Cases Assignment
Civil Liberties & the Civil Rights Court Cases Assignment
Gideon v Wainright
Dates:
Argued January 15, 1963
Decided March 18, 1963
Background:
Charged in a Florida State Court with a non capital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only.
Mapp v. Ohio
Dates
:
Argued March 29, 1961
Decided June 19, 1961
Effect on the Civil Rights/Liberties:
The high court said evidence seized unlawfully, without a search warrant, could not be used in criminal prosecutions in state courts.
The fourteenth amendment states in the equal protection clause that states may not discriminate against any citizen for any reason, and must allow the same privileges, rights, and conservation. Hogan was on a mission to gain relief as well as compensation for the damages caused. The case was argued on March 22, 1982. The argument from Joe Hogan was proposed by advocate, Wilbur Colom. The petitioner’s side was presented by Hunter M. Gholson, in representation for Mississippi University for Women.
The Respondent was Louie L. Wainwright, Director, and Division of Correction. It was decided by Warren Court (1962-1965) and it was argued on January 15, 1963 and finally decided on Mach 18, 1963. Gideon was not your normal teenager as he did not spend much time with friends nor did he seem to care much about
Prior to the case of Gideon v. Wainwright, defendant Clarence Earl Gideon was charged with breaking and entering in the state of Florida. This crime is a felony according to Florida state law. Unable to pay for defense counsel, Gideon requested that the court grant him one for free. The court denied Gideon his request of being granted defense counsel. The court stated, “Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person charged with a capital offense.”
Gideon v. Wainwright provided the legal foundation for the requirement that indigent defendants be granted a court-appointed
American Federation of State, County and Municipal Employees Union, Sacramento, CA, Legislative Analyst, 2000-2001 • Worked to provide policy analysis, planning and support to union representatives and the state legislature in an attempt to communicate the unions legislative priorities and routinely attended legislative hearings, committee hearings and related fundraising events to promote the legislative agenda and interest. • Tracked and analyzed key legislation and its impact to the labor union and our partners, stakeholders and friends; drafted persuasive position letters to rally for support of our bills or in opposition to bills we opposed; represented interest of union and worked on bills dealing with workers’ rights, education, health
Gideon sued Louie L. Wainwright for habeas corpus. The decision was by the Supreme Court under Chief Justice Earl Warren that protected rights of accused criminals and extended the guaranteed the bill of Rights to state actions. Failure of the state to provide counsel for a defendant charged with a felony violated the due process clause of the Fourteenth Amendment. Gideon began a life of crime at a young age.
" Dred Scott v. Sandford." 60 U.S 393. Supreme Court of the United States. 1957.
The exclusionary rule was first established in the case of Weeks v. United States in 1914. During the trial, the Supreme Court ruled that the evidence obtained by the law enforcement officer was in violation of the Fourth Amendment and will be inadmissible in federal courts. This rule later became effective in the state courts in 1961 due to the unlawful search of Mrs. Mapp’s house in the case of Mapp v. Ohio. As a result of this case, Mrs. Mapp was convicted for possession of obscene materials but later argued that the law enforcement officer could not use the materials in the trial because they were obtained without a warrant. Although the exclusionary rule is not an independent constitutional right, it serves many purposes such as aiding in the deterrence of police misconduct and providing solutions to defendants whose
The history of the modern right to counsel for defendants who cannot afford to pay for counsel or lawyer goes back over a century ago; the Indiana Supreme Court in Webb v. Baird, 6 Ind. 13 (1853), officially recognized the right to counsel for a person accused of a crime. However, this decision was not based on constitutional or statutory law but warranted under “the principles of a civilized society.” Since the case of Webb v. Baird, the courts have immensely extended the right to counsel beyond just appointing an indigent person an attorney. For more than a hundred years, the Right to Counsel Clause was interpreted as simply granting the right to retain a private attorney to a defendant but didn’t mean that a poor criminal defendant had
Arguably the most significant civil rights activist in American history, led the boycott to victory. Consequently, the U.S. Supreme Court declared racial segregation for public transportation as unconstitutional. Here by, "***INSERT LAW -QUOTED**** BROWDER VS GALE 1956
This case was not just an event in history, but a strong point that supported and still supports equality to this day. People can use this case to help support their reasoning for what they believe in and why certain actions should
The structure of the book has placed it at the top of the reading list for aspiring law students. It effectively maps out the Supreme Court’s ruling history and also the crucial turning point of progressing American civil liberties. Robert F. Kennedy commented on Gideon’s perseverance stating, “If an obscure Florida convict named Clarence Earl Gideon had not sat down in prison with a pencil and paper to write a letter to the Supreme Court; and if the Supreme Court had not taken the trouble to look at the merits in that one crude petition among all the bundles of mail it must receive every day, the vast machinery of
Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
This case was also infringing civil rights based on race, which was overturned 58 years by Brown v. Board of Education. An example of violating civil liberties would be the Brown v. Board of Education case. In Brown v. Board of Education (1954), it stated that “the state laws…based on race violated the Equal Protection of the Laws Clause of the Fourteenth Amendment (Woll 132).” The act of violating basic rights or, in this case, the fourteenth amendment would be violating civil liberties.
For civil rights around 1954 a case came to the Supreme Court named Brown V. Board of Education. The overall concept of this case is that segregated schools were inherently unequal. This case brought up the issue that segregation in schools violated the fourteenth amendment. The fourteenth amendment requires that states give equal protection of laws. Over-all Brown V. Board of Education strikes down the separate but equal standard.