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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Clarence Gideon who was arrested and jailed for petty theft, and then when he went to trial he asked for a lawyer because he couldn't afford one but the judge refused to give him one, so he then proceed to lose his case and was given a 5 year sentest. Within those 5 years he writes a Writ of Certiorari to SCOTUS. That explains how he has the right to be given a counsel and then was given a new trial with a lawyer this time. This documents shows the american public the significance of the Gideon case…
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social issues that I shall attempt to scratch the surface of in five issues for the purpose of this paper. Issues examined will range from race, class privilege, social mobility, and the fundamental inequalities in the American legal system and police behavior. Our system does not simply fail to live up to the potential of equality, but actively demands double standards to function. These inequalities allow the privileged to experience constitutional protections from police power without paying the…
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illegal action of government agencies as well as other citizens De jure vs De facto segregation- De jure is the separation of people on the basis of race as required by by law. After the Civil War and the ending of slavery by the 13th Amendment to the Constitution by creating laws to require separate public facilities for blacks and whites. De facto is when racial separation that exists as a matter of custom rather than as a legal requirement. One neighborhood may include only whites, and another nearby…
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California from 1939-1943. In his time as a District Attorney, Warren earned himself a reputation for being tough on criminals and soon gained a statewide reputation as a stringent straightforward district attorney who fought corruption in the government system. Chief Justice Earl Warren was appointed by President Dwight D. Eisenhower in 1953 after…
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incorporation in Gideon v. Wainwright this ubiquitous American right has come to represent a cornerstone of the US adversarial legal system. Justice, in the United States legal system, is secured through productive, agnostic conflict between two parties each representing their interests to the fullest extent of the law. As a result of this framework, one of the emergent properties of the United States legal system is the unique creativity it inspires. The agonistic confines of the American legal paradigm…
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of defendants to be represented by a defense attorney which assists clients through the criminal justice process. Heading: What is an amendment? An amendment is a change; therefore an amendment to the constitution is a change or addition to the legal document. The power to alter the Constitution of the United States is derived from Article V of the Constitution, in which the congress shall propose amendments to constitute. In order to amend the Constitution, an amendment must be proposed by either…
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Criminal Cases vs. Civil Cases In America we use an adversarial system to solve legal disputes. The adversarial system urges the parties involved to direct their own investigation to produce and to present the information pertaining to the case, to exhibit evidence and interrogate witnesses before a judge (Anne Strick, Injustice for All (New York: G. P. Putnam's Sons, 1977): 21.). In criminal cases, the State Attorney’s Office represents the State and has at is disposition the local police departments…
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ability to maintain order The rebellion prompted congress to call for representatives to be sent to Philadelphia to discuss constitutional revisions Declaration of Independence - A declaration of war - Not aimed to the king of England - No legal force of law - Makes the role of government Revolution spreads King of France gets be-headed Declaration of independence made other countries to become independent. Government gets its power from the people - Giving consent Barron V.…
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Court and lower courts as well as state courts exist to settle cases or controversies. • Nature of legal process is adversarial: plaintiffs and defendants must have opposite interests. • Disputes must consist of a matter of fact (criminal cases) or a matter of law or interpretation, or merit (civil cases). • Courts exercise power over different jurisdictions or areas of the law • Provide legal interpretations and settle conflicts between laws: clarify meaning of legislation and conflicts…
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