The Right to an Attorney

Exemplar

1. Right to an attorney (6th Amendment)2. Freedom from unreasonable searches and

seizures (4th Amendment)3. Freedom from cruel and unusual punishment

(8th Amendment)

The Rights and Their Rank…

The freedom from unreasonable searches and

seizures and the protection from cruel and unusual punishment are important because they protect you from being arrested and punished unjustly. However, none of that would matter without an attorney. An attorney protects your 4th amendment right, which makes sure that your 8th amendment isn’t violated.

Why do I rank them in this order?

This right, outlined in the 6th Amendment,

states that the defendant is allowed to be helped by a counsel, and that one shall be appointed to him/her free of charge if they cannot afford one.

The Right to an Attorney

He has the right to an attorney…

…and so does Hello Kitty…

…but not the chicken.

Without this right, you would be at a severe

disadvantage if you were ever accused of a crime. An attorney knows: The difference between opening statement and

closing arguments The difference between direct and cross

examination The Rules of Evidence Objections

Importance

On July 3, 1963, a burglary occurred at Bay

Harbor Pool Room in Panama City, Florida. A witness saw Clarence Gideon later that morning with beer and wine in his hands and money in his pockets. He was arrested based on only that.

Gideon v. Wainwright (1963)

Gideon was told that he HAD to represent

himself because: Not illiterate Not accused of a capital offense

He was found guilty of breaking and entering and the intent to commit larceny and sentenced to 5 years in a maximum security prison.

summary

The Trial

He appealed to the Supreme Court declaring that his 6th

Amendment right to an attorney had been violated. The Supreme Court decided:

Betts v. Brady (1942) was not a proper ruling as it did NOT accurately define the 6th Amendment

6th Amendment does NOT distinguish between capital and non-capital offenses

Anyone who is accused of a crime has the right to an attorney

If you are poor, one will be provided to you at no cost Every person who was in prison who DID NOT have an

attorney at his/her original trial, was given a retrial

While in prison…

Gideon DID spend two years in prison for a

crime he did not commit simply because he was denied his 6th Amendment right to an attorney.

But He was retried with an attorney who

represented him, found not guilty and released from prison.

His record expunged The right to an attorney protected Gideon’s

freedom.

How the Right to an Attorney Helped Gideon

Now everyone is guaranteed the right to an

attorney in every criminal case. While this does not guarantee that you will

receive a fair trial as your attorney may not be good, it DOES help. Attorneys understand the rules of evidence, how to direct and cross examine witnesses, and how to deliver opening statements and closing arguments

If you cannot afford an attorney, one will be appointed to you (part of the Miranda ruling). The Public Defender program.

How does this case protect us all?