Case Study: Gideon V. Wainwright Case

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The services provided by the NJOPD are not completely free since depending on the case and income level client may be required to pay for their respective services. This stipulation is clarified to clients during the CJP walk-in process when they receive their reimbursement agreement. The idea of a fee for representation is somewhat questionable considering it contrast with the idea of a public defender while contradicting the Miranda Rights statement specifically “ You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” According to Naomi Nix from NJ.com “ Newark's municipal council approved Monday night a proposal to raise the maximum fee to apply for a public defender in the municipal court from $50 …show more content…
“ ( cite). Although the fees can be waived due to the ability to pay, the cost might deter several individuals from accepting representation. Without a doubt, defendants accused of a crime and potentially facing jail time having to contemplate about public legal representation contradicts the precedent set forth by Gideon v. Wainwright. Regardless of the heinous accusations, it is imperative all defendants receive legal counseling in order to ensure they receive a fair trial. The celebrated ideal of justice and the idea of “ justice for all,” cannot be selective by being further limited by cost especially if these policies disproportionately affect minorities throughout the state of NJ. The task of the defense attorney cannot by any metrics become undermined, because by doing so, the state grasps an enormous amount of power where some individuals are “ guilty until proven innocent,” and furthermore their guilt is not proven “ beyond a

Case Study: Gideon V. Wainwright

Title: Gideon v Wainwright 372 U.S. 335 (1963) Facts: In Florida, Clarence Earl Gideon was arrested and charged for breaking and entering into a pool room. At trial, Gideon did not have a lawyer, because in Florida at this time, only those charged with a capitol offense were given free representation. As a result, Gideon tried to defend himself in court, but he was uneducated and failed. Gideon on his own then filed for a writ of certiorari to the Supreme court and ir was reviewed. At the supreme…

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Gideon V. Wainwright Case Study

On June 3, 1961 a man named Earl Gideon was convicted of a crime they were not for sure if he did. Between midnight and eight a.m. a burglary happened at the Bay Harbor Poolroom in Panama City, Florida. This unknown person that had broken in broke the door, smashed a cigarette machine and a record player, and stole man from the cash register from this poolroom establishment. So based on accusation the police arrested Gideon and charged him with breaking and entering with the intent of committing…

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Gideon Vs Wainwright Case Study

From a cramped Florida prison cell in 1963, Clarence Earl Gideon, a penniless drifter, was able to change the lives of nearly 90 percent of all criminal defendants today. After being accused of breaking and entering, Gideon requested an attorney and was denied. Once convicted, Gideon wrote a petition arguing that being denied counsel violated his constitutional rights. The Supreme Court unanimously ruled in Gideon's favor, in Gideon v. Wainwright (1963), holding that the Sixth Amendment's guarantee of…

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Gideon Vs Wainwright Case Analysis

as “shamefully inadequate” and found that the system “lack fundamental fairness and places poor persons at constant risk for wrongful conviction” (Mcgough, 2011). This revelation by the ABA, comes fifty years after the historic decision in Gideon v. Wainwright in which the supreme court, established the public defender system. Constructing the system, guaranteed all criminal defendants the right to a counsel while requiring states to provide a defense attorney to those defendants who cannot afford…

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Essay Gideon V. Wainwright and Counsel

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power without paying the costs related with covering those protections across the board to minorities and the poor. It is imperative for our students to understand the laws that protect their basic rights as citizens, or it can be misused and in some cases taken away. "Equal justice" means a justice administered in the same way based on the earlier settled law in the Country, or what is called the precedent prevailing. Therefore, no Citizen can be discriminated in the same set of circumstances. Our…

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times. History of the United States: Continued The Civil Rights Movement Begins In the 1940s and 1950s the NAACP attacked race discrimination in the courts. It chipped away at Plessy v. Ferguson (1896), a Supreme Court decision upholding segregationist laws. The NAACP lawyers' greatest success was the Brown v. Board of Education of Topeka decision in 1954, in which the Supreme Court ordered desegregation of schools. The decision struck a Chicago newspaper as a "second emancipation proclamation…

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The Rich Get Richer and the Poor Get Prison JEFFREY H. REIMAN American University or the same criminal behavior, the poor are more likely to be arrested; if arrested, they are more likely to be charged; if charged, more likely to be convicted; if convicted, more likely to be sentenced to prison; and if sentenced, more likely to be given longer prison terms than members of the middle and upper classes.1 In other words, the image of the criminal population one sees in our nation’s jails and prisons…

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