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Overview: On March 18, 2003, America willcelebrate the 40th anniversary ofthe landmark 1963 U.S. Supreme

Court decision in Gideon v.Wainwright, in which a poorFlorida prison inmate caused thesingle biggest change in the histo-ry of the U.S. criminal justice sys-tem. Before Gideon, personsaccused of crime could be sentto prison without any represen-tation by a lawyer unless theywere wealthy enough to hireone. As a result of Gideon, thequality and fairness of the justicesystem, and its ability to guardagainst conviction of the inno-cent, have been vastly improved.Yet in many places, court-appointed lawyers do not havethe resources necessary to pro-vide competent representation,so injustices still occur.

Students will become familiarwith the history of the right tocounsel in the United States andbe able to analyze this right as itrelates to current events.Students will also learn how fed-eral and state governments pro-vide counsel to poor personsaccused of crime. Finally, stu-dents will be made aware thatthe quality of defense servicesfor those who cannot afford paidcounsel varies greatly from stateto state – with some states failingto provide meaningful defenseservices even 40 years after theGideon decision.

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Purpose: To promote student under-standing of the importanceof Gideon v. Wainwright, theSupreme Court’s 1963decision guaranteeing thatall persons accused of afelony are guaranteed theright to counsel.

A lesson plan for high school history, civics,government, and social studies classes for usein 2003 to commemorate the 40th anniver-sary of the United States Supreme Court’slandmark decision in Gideon v. Wainwright.

Recommended Grade Levels: 9-12 (lesson plan contains suggested activities for advanced classes)

Time Required: One class period. Optionalextension activities may requireadditional time. Ideally taught onMarch 18, 2003 (the 40th

anniversary of the SupremeCourt’s decision in Gideon v.Wainwright) but also appropriatefor Law Day activities (May 1) orin curricula throughout 2003addressing the Constitution, theBill of Rights, or the U.S. criminaljustice system.

Designed For:Social Studies, History, Government,and Civics classes.

Advanced Preparation: Assign students to read the Supreme Court’s decision in Gideon v. Wainwright (available fordownload at www.nacdl.org/gideon).

Optional:� Invite a defense attorney to serve

as a guest speaker (for assistance,contact NACDL at 202-872-8600x224 or indigent@nacdl.org).

� Screen the movie Gideon’s Trumpet.

� Assign students to read any of the books listed under the“Additional Resources” section on Page 7 of this lesson plan.

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NGideon at 40:Understanding the Right to Counsel

I. Opening ActivityBefore class begins, confidentially ask two students torole-play an officer and suspect. At the beginning ofclass, have the "officer" enter the classroom and"arrest" the "suspect." Instruct the suspect to say "Iwant a lawyer," and the officer to respond: "Accordingto a new Supreme Court decision, we can't let you talkto your lawyer until we finish with you, and if you can'tafford a lawyer, that's too bad." Start a discussionabout students' reactions to this "new Supreme Courtdecision" that you are not entitled to a lawyer. You maywant to ask students to compare what the officer inthe classroom scenario said to what students see ontelevision shows involving arrests. Students will likelycomment that on television, police officers usuallyrecite the Miranda warnings: "You have the right toremain silent. Anything you say can and will be usedagainst you in a court of law. You have the right to anattorney before ques-tioning. If you cannotafford an attorney, onewill be appointed to rep-resent you." Ask studentswhy the right to a lawyeris so important that it isthe first thing said to asuspect upon arrest.

II. Presenting the Case of Gideon v.Wainwright Options for Presenting the Case:

� Assign students to read thedecision in Gideon v.Wainwrightand complete the homeworksheet on Page 8 outlining thebasic facts and legal findings inthe case.

� Using the script included onPage 11 of this lesson plan,assign students to present thecase from the perspectives ofdifferent individuals involved inthe Gideon case.

� Assign reading of the firstchapter of the book Gideon’sTrumpet by Anthony Lewisprior to class. It explains howthe case reached the U.S.Supreme Court.

� Show movie clip of Gideon’sTrumpet (starring HenryFonda) that presents facts ofthe case.

Case Background:In 1961, Clarence Earl Gideon was accused of breakinginto and entering the Bay Harbor Poolroom in PanamaCity, Florida. When brought to trial, Gideon, a pennilessdrifter too poor to hire a lawyer, asked that the stateappoint counsel for him. His request was denied basedon the precedent set by the 1942 U.S. Supreme Courtruling in the case of Betts v. Brady, which said that theright to a lawyer is not essential to a fair trial. Gideonwas forced to defend himself. One example of damag-ing testimony came from the taxi driver who picked upGideon at the pool hall. He quoted Gideon as saying,“Don’t tell anyone you picked me up.” Gideon, acting inhis own defense, did not challenge this statement duringthe first trial. He was found guilty and sentenced to fiveyears in prison. From prison, Gideon filed a handwrittenpetition, in forma pauperis, to the U.S. Supreme Court.His “Petition for a Writ of Certiorari to the Supreme

Court State Of Florida” asked theU.S. Supreme Court to hear hiscase and overrule his conviction onthe basis that he was denied a fair

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Television programs your students may watch:� The Practice � Law and Order� NYPD Blue � Judging Amy� Matlock � Perry Mason� Diagnosis Murder � JAG

Specific Objectives — Students will:1. Learn how one individual’s case brought about this land-

mark decision.

2. Evaluate the impact of Gideon v. Wainwright on theU.S. criminal justice system.

3. Understand the importance of competent counsel to afair trial and recognize the right to counsel as a coreguarantee of the Bill of Rights.

4. Articulate the meth-ods used to provideappointed counselservice to indigentpersons accused ofcrime.

5. Analyze current casesand events as they relate to this decision.

6. Conclude that providing competent counsel for indi-gent defendants is an ongoing challenge in our criminaljustice system.

Glossary terms highlighted inblue can be found on Page 7 ofthis lesson plan.

trial because he did not have the assistance ofcounsel at his trial. In 1963, the court agreed tohear Gideon’s case and ruled that a state mustprovide legal counsel to anyone charged with afelony who cannot afford a lawyer. The SupremeCourt found that the Sixth Amendment’sguarantee of counsel is a fundamental right,essential to a fair trial. Gideon was retried andacquitted. His lawyer in the second trial askedthe taxi driver – who had given damaging testi-mony during the first trial – if Gideon had everasked him before to deny that the driver hadpicked him up. The taxi driver responded thatGideon said this every time the driver picked himup and suggested that it was because of a prob-lem with his wife.

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The Court (Judge Robert L. McCrary, Jr.):The next caseon the docket is the case of the State of Florida,Plaintiff, versus Clarence Earl Gideon, Defendant.What says the State, are you ready to go to trial inthis case?

Mr. Harris (William E. Harris, Assistant StateAttorney):The state is ready, your Honor.

The Court: What says the Defendant? Are you readyto go to trial?

The Defendant: I am not ready, your Honor.

The Court: Did you plead not guilty to this charge byreason of insanity?

The Defendant: No, Sir.

The Court:Why aren’t you ready?

The Defendant: I have no counsel.

The Court:Why do you not have counsel? Did you notknow that your case was set for trial today?

The Defendant: Yes, sir, I knew that it was set for trialtoday.

The Court:Why, then, did you not secure counsel andbe prepared to go to trial?

The Defendant answered the Court’s question, but spokein such low tones that it was not audible.

The Court: Come closer up, Mr. Gideon, I can’t under-stand you. I don’t know what you said, and theReporter didn’t understand you either.

At this point the Defendant arose from his chair where hewas seated at the Counsel Table and walked up andstood directly in front of the Bench, facing his Honor,Judge McCrary.

The Court: Now tell us what you said again, so we canunderstand you, please.

The Defendant:Your Honor, I said: I request this Courtto appoint counsel to represent me in this trial.

The Court: Mr. Gideon, I am sorry, but I cannot appointcounsel to represent you in this case. Under thelaws of the State of Florida, the only time the courtcan appoint counsel to represent a defendant iswhen that person is charged with a capital offense.I am sorry, but I will have to deny your request toappoint counsel to defend you in this case.

The Defendant:The United States Supreme Court saysI am entitled to be represented by counsel.

The Court: Let the record show that the defendant hasasked the court to appoint counsel to representhim in this trial and the court denied the requestand informed the defendant that the only time thecourt could appoint counsel to represent a defen-dant was in cases where the defendant wascharged with a capital offense.The defendant stat-ed to the court that the United States SupremeCourt said he was entitled to it.

Source: Anthony Lewis, Gideon’s Trumpet (VintageBooks 1964), pp. 9-11.

Note: The Gideon holding is technically limited to allegedfelonies. However, subsequent Supreme Court decisionshave extended the Gideon holding to alleged misdemeanors(petty crimes usually punishable only by a short time in alocal jail) and other proceedings like contempt of courtactions and probation, and parole revocation proceedings.Basically, if someone who is now free risks being incarcer-ated, there is a right to counsel and, if the person cannotafford a lawyer, one will be appointed.

Gideon’s trial in Florida began on August 4, 1961

The Warren Court (right) decided Gideon v.Wainwright on March 18, 1963.Photo by Harris& Ewing, courtesy of The Supreme Court of theUnited States Office of the Curator.

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NIII. Activities1. Class Discussion

Option 1: Invite a criminal defense attorney to lead a class discussion aboutcriminal defense work and the right to counsel. The National Association ofCriminal Defense Lawyers will assist you with finding a guest speaker for theclass. For assistance, contact 202-872-8600 x224 or indigent@nacdl.org

Option 2: Have students discuss television shows, movies, and books withcourtroom settings as well as familiar cases to focus on the role of counsel.(Possibilities might include Law and Order, To Kill a Mockingbird, Twelve Angry Men,and the O.J. Simpson case.) Students should discuss the challenges faced by anunrepresented defendant.

Option 3: (for advanced classes or where teachers assign additional readings)Assign groups of students to read one of the following books: To Kill aMockingbird, The Scottsboro Boys, or Gideon’s Trumpet. Ask at least one student togive a report on each book, followed by a moderated class discussion. Note:many students will have read, or will read, To Kill a Mockingbird in Language Artsclasses.Teachers using this lesson plan may be able to use To Kill a Mockingbirdin the discussion without having to assign it.

1Discussion of To Kill aMockingbird

1. In To Kill a Mocking-bird, which is set inAlabama in the early1930s, what fees wereTom Robinson and hisfamily able to payAtticus Finch? (Theycould not afford to paya fee.)

2.Why did Atticus agreeto be Tom’s lawyerwhen he would not bepaid? (He wanted Tomto have a fair trial.)

3. In real life, would alawyer be willing to rep-resent someone likeTom for free? (Not likely.Students should under-stand that if Atticus hadnot volunteered hisservices,Tom would havebeen on his own.)

Discussion of Gideon’s Trumpet

1. How do the facts in Clarence Earl Gideon’scase differ from those in the Scottsboro Boyscase? (Not a capital case and defendant iswhite.) How are the facts similar? (Gideon istoo poor to hire an attorney; he is tried andconvicted.)

2. In what unusual way did Gideon get his casebefore the U.S. Supreme Court? (He sent theCourt a hand-written petition, which thecourt considered under a procedure called informa pauperis, where the Court forgoes itsusual filing fee for people who cannot pay.TheCourt receives thousands of these each yearfrom prisoners; almost all are summarilyrejected. Gideon’s was a notable exception.The Court accepted it for consideration andappointed an attorney to argue on Gideon’sbehalf.The attorney was Abe Fortas, who laterbecame a Supreme Court justice.)

3. What was the holding of the SupremeCourt in Gideon v. Wainwright? (A person fac-ing prison as a possible punishment has a rightto appointed counsel if he or she cannotafford to hire an attorney.)

Discussion of The Scottsboro Boys

1. In the “Scottsboro Boys,” whichoccurred in 1920s Alabama, were locallawyers willing to take the case? (No).

2. What are the similarities between thereal-life events in the Scottsboro Boyscase and the fictional case of TomRobinson in To Kill a Mockingbird? (African-Americans charged with sexually assault-ing white women.) What impact did thesecircumstances have on the willingness ofattorneys to take the case? (Societal prea-sures provided a disinsentive.)

3. What is the essential holding by theU.S. Supreme Court in Powell v.Alabama,the Scottsboro Boys case? (In capitalcases, the U.S. Constitution requiresappointment of a lawyer if the defen-dant cannot afford to hire one. Studentsshould understand that Powell did notaddress the right to counsel in caseswhere the death penalty is not a possi-ble punishment. After Powell, someonecould still be convicted and sent toprison without a lawyer.)

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2. Small Group Work on Current Events

A. Divide students into small groups.Give each group one of the “current events”newspaper articles listed below and ask themto discuss the right to counsel issue raised inthe article. Groups should then present theirissue to the class.

� Ineffective Counsel: Bruce Shapiro, "Sleeping LawyerSyndrome," The Nation (April 7, 1997).

� Innocence: David Zeman and Ben Schmitt, "HowJustice Failed Eddie Joe Lloyd," Detroit Free Press (Oct.24, 2002).

� Economic Disparity: Lorraine Adams and Serge F.Kovaleski, "The Best Defense Money Could Buy,"Washington Post (Oct. 8, 1995).

� Self-Representation: Warren Richey, "The Trials of Self-Defense," Christian Science Monitor (July 24, 2002).

� Denying Access to Lawyers: Elizabeth Amon, "The FightOver Access to Terror Suspects," National Law Journal(June 10, 2002).

� Attorney-Client Privilege: William Glaberson, "ExpertsDivided on New Anti-Terror Policy that Scuttles Lawyer-Client Confidentiality," New York Times (Nov. 3, 2001).

� Underfunded Public Defense: Bill Rankin, "Defendingthe poor: Three systems, is one superior?," AtlantaJournal-Constitution (April 21, 2002).

Contact NACDL for copies of these articles at 202-872-8600 x224 or indigent@nacdl.org.

B. Follow with a discussion aboutwhether the right to counsel has been fulfilledsince the decision in Gideon v. Wainwright.

3. Extension LearningOpportunities

A. Field trip: Take students to the localcourthouse to witness courtroom proceed-ings and follow with a discussion about therole of counsel in the courtroom.

B. Mock trial: Consider having yourstudents participate in a mock trial programto help demonstrate the role of counsel inprotecting a defendant’s rights in the court-room.

C. Research: Assign students to findout how your state/county provides defenseservices to those who cannot afford it. (Canbe accomplished by calling the local criminaldefense bar association, state/county govern-ment, or newspaper and online research.)Students should determine whether theirstate/county system has experienced anyproblems with funding or the quality ofappointed defense counsel and suggest waysthat the state/county can improve its publicdefense system.

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DISCUSSION: Understanding How Public Defense Services are Provided

Note: A guest speaker criminal defense attorney will be very useful for this discussion.Teachers may wish tofind out in advance how their state/county provides criminal defense services to the poor and whether the sys-tem is experiencing any problems. For more information about public defense systems, see Spangenberg &Beeman,“Indigent Defense Systems in the United States,” available online at www.nacdl.org/gideon.

1. What methods are used to provide appointed lawyers to defendants who cannot affordto hire attorneys? (See Glossary on Page 7 for definitions)

� Public defenders � Contract defenders � Private assigned counsel

2. What are the most important elements to ensuring that any public defense systemprovides quality representation to defendants? (Adequate funding; resources to hire investi-gators and experts; access to technology and legal researchtools; and qualified and well-trained lawyers. Support from thejudiciary and the community is also important.)

3. What are some of the problems that arise when publicdefense systems are underfunded? (Appointed lawyers have toomany cases and cannot adequately prepare for all of them; thesystem does not attract qualified lawyers; backlogs occur in thecriminal justice system because not enough attorneys are avail-able; convictions are reversed because the defendant did not have competent representationat trial; and innocent persons are convicted, meaning that the guilty remain on the street.)

4. Bottom line: the right to counsel is mandated by the Constitution and the U.S.Supreme Court’s decision in Gideon v. Wainwright. Systems for providing counsel to thosewho cannot afford it must be adequately funded to fulfill the constitutional right to coun-sel in a meaningful way. The right to counsel continues to be litigated every day in court-rooms across the country.

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IV. Wrapping Up Everyone is in favor of protectingcitizens from crime and punishingthose who commit crimes.Throughtelevision, the movies, and thenews, students often see the workof law enforcement and prosecu-tors. Rarely, however, do studentslearn about the essential role ofdefense counsel, particularly thosewho represent individuals who can-not afford an attorney. Innocentpeople are wrongly accused ofcrime, and unless they receive com-

petent representation, they may beconvicted and spend years in prisonfor crimes they did not commit.Defenders shield against convic-tions of the innocent; ensure thatsentences are not unfair or theresult of prejudice; protect the con-stitutional rights of defendants; andhelp individuals get access to drugtreatment, mental health services,transitional programs, and othersocial services.

Indeed, the integrity of our criminaljustice system relies on balance –i.e., that both the prosecution andthe defense are aggressive advo-cates equipped with the necessaryresources to do their jobs. Societyhas a strong interest in ensuringthat this balance exists so that thecriminal justice system is fair andproduces just results. That is theessence of the U.S. SupremeCourt’s ruling in Gideon v.Wainwright and why, on its 40th

anniversary, it is still considered themost significant criminal justicedecision in the history of theSupreme Court.

As then-Attorney General RobertF. Kennedy said in an address to theNew England Law Institute onNovember 1, 1963:

“If an obscure Florida convictnamed Clarence Earl Gideonhad not sat down in hisprison cell with a pen andpaper to write a letter to theSupreme Court, and if theCourt had not taken thetrouble to look for merit inthat one crude petitionamong all the bundles of mailit must receive every day, thevast machinery of Americanlaw would have gone on func-tioning undisturbed.

But Gideon DID write thatletter, the Court DID lookinto his case; he WAS retriedwith the help of competentdefense counsel, found notguilty and released fromprison after two years of pun-ishment for a crime he didnot commit – and the wholecourse of American legal his-tory has been changed.”

V. AssessmentOption 1: WritingAssignment

Ask students to write an opinioneditorial (approximately 500 words)or a letter to the editor (approxi-mately 75-100 words) to their localnewspaper, noting the 40th anniver-sary of Gideon v. Wainwright andexplaining the importance of theright to counsel.Teachers may wantto submit students’ editorials/let-ters to the local paper or the localbar association magazine.

Option 2: Short Quiz

A short quiz and answer key areincluded on Pages 9 and 10 of thislesson plan.The quiz tests informa-tion learned both from theSupreme Court decision in Gideonv.Wainwright and the case summaryincluded in the lesson.

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“The mood and temper of thepublic in regard to the treatmentof crime and criminals is one ofthe most unfailing tests of the civ-ilization of any country. A calm,dispassionate recognition of the

rights of the accused andeven of the convict-

ed criminal; . . .tireless effortstowards thediscovery ofcurative andre-generativep r o c e s s e s ;unfailing faith

that there is atreasure, if you

can only find it, inthe heart of every man. These arethe symbols which, in the treat-ment of crime and the criminal,mark and measure the stored-upstrength of a nation, and are thesign and proof of the living virtuewithin it.”

— Winston ChurchillIn the House of Commons, 1910

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Additional ResourcesBooks

Teachers in advanced classes or whowish to spend more time on the right tocounsel should consider assigning thefollowing books:

� Anthony Lewis, Gideon’s Trumpet

� Harper Lee, To Kill a Mockingbird

� James Haskins, The Scottsboro Boys

� Jim Dwyer, Peter Neufeld,and Barry Scheck, Actual Innocence:When Justice Goes Wrong and How to Make it Right

� Jim Dwyer, Peter Neufeld, and BarryScheck, Actual Innocence: Five Days toExecution and Other Dispatches fromthe Wrongly Convicted

� John C.Tucker, May God HaveMercy: A True Story of Crime &Punishment

� Gerald W. Getty, Public Defender

� Joan Hewitt and Richard Hewitt,Public Defender: Lawyer for the People

� Mayer Goldman, The Public Defender

Movies

� Gideon’s Trumpet

� To Kill a Mockingbird

All books and movies are available atwww.amazon.com.

Documentaries

� Murder on a Sunday Morning

www.hbo.com/americaundercover/murder

� Presumed Guilty:Tales of the Public Defenders

www.pbs.org/kqed/presumedguilty

� Innocent Until Proven Guilty:James Forman, Jr., Public Defender

www.filmakers.com/indivs/InnocentUntil.htm

Websites

� Supreme Court of the United States

www.supremecourtus.gov

Contains general information and his-tory of the Supreme Court, its casedocket and rules, and links to theConstitution and other documents.

� The Oyez Project at Northwestern University

www.oyez.org

Contains the case docket, abstract,voting sheet, and oral arguments inGideon v.Wainwright.

� National Equal Justice Library

www.equaljusticelibrary.org

Contains historical informationabout the Gideon case, includingoral history interviews with AbeKrash, Anthony Lewis, and BruceJacobs.

� National Association ofCriminal Defense Lawyers

www.nacdl.org

Contains special pages on the 40th anniversary of Gideon v.Wainwright and Indigent Defense,including links to a variety of otherresources on the Web.

GlossaryAcquitted: to be cleared of acharge; the judgment of a jury orjudge that a defendant is not guiltyof a charged crime.

Bill of Rights: the first ten Amendmentsof the United States Constitution thatoutline the rights and liberties guaran-teed to citizens of the United States.

Capital case: a case in which the deathpenalty is a possible sentence.

Contract defender: an attorney, agroup of attorneys, a bar association, ora private nonprofit organization that hasa contract to provide representation insome or all of the indigent cases in ajurisdiction.

Indigent: without means; impoverished.

In forma pauperis: permission given to apoor person to proceed in a case withoutbeing required to pay court costs or fees.

Precedent: a judicial decision used as astandard in future cases on a similarsubject.

Private assigned counsel: a privatelawyer who accepts the assignment ofindigent criminal cases.

Public defender: a lawyer in a public orprivate nonprofit organization with full-or part-time staff attorneys and supportpersonnel that provides representationto indigent persons accused of crimes.

Public defense system: the method ofproviding criminal defense services topersons accused of crime who cannotafford to hire an attorney; may be a fed-eral, state, or county-based system; sys-tem may assign cases to full-time staffpublic defenders, to private attorneysassigned to cases for a set or hourly fee,and/or to attorneys who take cases pur-suant to a contract specifying a total, percase, or hourly fee.

Sixth Amendment: one of the tenAmendments in the Bill of Rights of theUnited States Constitution, it reads, “Inall criminal prosecutions, the accusedshall enjoy the right to a speedy and pub-lic trial, by an impartial jury of the Stateand district wherein the crime shall havebeen committed, which district shall havebeen previously ascertained by law, andto be informed of the nature and causeof the accusation; to be confronted withthe witnesses against him; to have com-pulsory process for obtaining witnessesin his favor, and to have the Assistance ofCounsel for his defense.”

Writ of Certiorari: the order of anappellate court declaring whether itwill hear an appeal from a lower court;if the writ is denied, the appellate courtrefuses to hear the appeal; if the writ isgranted, the appellate court agrees tohear the appeal and orders the lowercourt to send the case record to thehigher court.

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In 1770, John Adams was asked torepresent eight British soldiers who hadkilled five American colonists. “No one

else would take the case,he was informed. . . .

Adams accepted,firm in the belief, ashe said, that noman in a freecountry should bedenied the right to

counsel and a fairtrial.” Later, Adams

said that the case was“one of the best pieces of service I everrendered my country.” — from DavidMcCullough, John Adams (Simon &Schuster 2001), pp. 66-68.

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NHome w o r k S h e e t : G i d e o n v. Wa i n w r i g h t

Name ____________________________ Class Period _________

After reading the Gideon v. Wainwright U.S. Supreme Court opinion, answer the fol-lowing questions based on the information learned in the case.

1. Who was the defendant in this case, of what crime was he convicted, and what was his sentence?

2. In what courts was Gideon v.Wainwright heard? Where was the final decision made?

3. Why did the trial court in Florida refuse to appoint counsel for Mr. Gideon?

4. What is the significance of the Betts v. Brady case mentioned in the opinion?

5. What Constitutional Amendment mentions the right to counsel in criminal cases?

6. What was the Supreme Court’s decision in Gideon v.Wainwright and what was the reasoning behind that decision?

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Q u i z : G i d e o n v. Wa i n w r i g h t

Name ____________________________ Class Period _________

1.With what crime had Clarence Gideon been charged?

2.What circumstances made him unable to obtain counsel?

3.What prior Supreme Court decision prevented the state court from furnishing Gideon with the lawyer he requested?

4.Who defended Gideon during his first trial and what was the outcome?

5.What was one piece of testimony that influenced the jury’s decision?

6.What action did Gideon take while imprisoned?

7. On what basis did the 1963 Supreme Court overturn the earlier court decision?

8.What was the outcome of Gideon’s second trial?

9.What was one important fact presented in the second trial that was not presented in the first?

10.What guarantee is now in place for persons accused of a crime who may be sentenced to time in jail?

Extra Credit: In what ways might the provision of counsel still fall short of the “fair trial” standard?

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(A1) In 1961, Clarence Earl Gideon wascharged with breaking and entering theBay Harbor Poolroom in Panama City,Florida.

(A2) Gideon was a penniless drifterwho could not afford to pay a lawyer.

(A3) In 1942, ruling in the case of Bettsv.Brady, the Supreme Court held that theright to a lawyer was not essential to afair trial.

(A4) During his first trial, Gideondefended himself. He was found guiltyand sentenced to five years in prison.

(A5) Damaging testimony came fromthe taxi driver who picked up Gideon atthe pool hall. He quoted Gideon as say-ing, “Don’t tell anyone you picked meup.” Gideon, acting in his own defense,did not challenge this statement duringthe first trial.

(A6) Gideon wrote a letter to theSupreme Court that his right to a fairtrial had been violated because he hadnot been provided with counsel.

(A7) In 1963, the Supreme Court over-ruled the prior decision on the basis thatthere could be no fair trial in a felonycase unless counsel was provided.

(A8) Gideon was acquitted when hewas retried with benefit of counsel.

(A9) His lawyer in the second trialasked the taxi driver if Gideon had everasked him before to deny that he hadpicked him up.The taxi driver respondedthat Gideon said this every time the driv-er picked him up and suggested that itwas because of a problem with his wife.

(A10) The right to counsel is guaranteedto criminal defendants facing jail timewho cannot afford to pay for a lawyer.

(Extra Credit) Representation for thepoor in criminal cases is still underfundedin many states and counties throughoutthe United States. Public defenders andcourt-appointed attorneys may havevery high caseloads, making it difficult forthem to provide meaningful representa-tion to each defendant. Many attorneysalso do not have access to importantresources, such as investigators andexpert witnesses. In many places, court-appointed attorneys are paid so littlethat only inexperienced or unqualifiedattorneys are willing to take theseappointments. Recent cases in whichinnocent individuals were exonerated byDNA evidence after years of incarcera-tion have revealed the extent to whichinadequate counsel can jeopardize theintegrity of the justice system.

Answer Key to Quiz

(A1) Clarence Earl Gideon, the defen-dant, was charged with breaking andentering a Florida poolroom, a felonyunder Florida law, and sentenced to 5years in prison.

(A2) Heard in Florida State Court,Florida Supreme Court, U.S. SupremeCourt. U.S. Supreme Court overturnedthe decisions of the lower courts and, hav-ing the ultimate authority over all courtsin the U.S., made the final decision.

(A3) The laws of the State of Floridaonly required that the court appointcounsel when a defendant was facing thedeath penalty.

(A4) Betts v. Brady was a formerSupreme Court case, argued 21 yearsbefore Gideon, that addressed the rightto counsel in a state court. Betts decidedthat indigent defendants were not consti-tutionally guaranteed counsel in thestate court, which was overturned byGideon.

(A5) Sixth Amendment.

(A6) The Court overruled Betts andheld that a state must provide legal coun-sel to anyone charged with a felony whocannot afford a lawyer. The right tocounsel is a fundamental right and essen-tial to a fair trial.

Answer Key to Homework Sheet

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S c r i p t : P r e s e n t i ng t h e C a s e o f G i d e o n v. Wa i n w r i g h tNarrator: Have you ever wondered what itwould be like to be charged with a crime youdid not commit? That's what happened toClarence Earl Gideon. Not only was hecharged, he was convicted and sent to prison.This terrible injustice might have been pre-vented if … well, listen to his story.

Gideon: The year was 1961. The place –Panama City, Florida. I lived right across thestreet from the Bay Harbor Poolroom. Onenight someone broke into the poolroom.Unfortunately, I was in the wrong place at thewrong time. Someone reported having seenme making a phone call from the telephonebooth outside the pool hall. I was arrestedand charged with this crime, but, you see, Ididn't do it.

Narrator: Then why were you charged?

Gideon: Because I did make that phone callaround the time of the break-in. And, just likethis witness reported, I did call a cab to takeme . . . well, it doesn't matter where it tookme. The thing is, the circumstances made meseem guilty. Like I asked the cab driver thatnight not to tell anyone that he had picked meup. Of course, I didn't know about the break-in, and I sure didn't know I was a suspect. Iguess I was just a likely target. An ex-convict,a drifter with no money. And like I said, I wasin the wrong place at the wrong time.

Narrator: So what happened?

Gideon: Well, I had to go to trial. But theproblem was I couldn't afford a lawyer to rep-resent me, and when I asked the court toappoint one, they wouldn't. They said that Iwasn't entitled to a lawyer under the lawbecause my crime was not a capital offense.

Trial Judge: I was simply following the law.Florida did not provide for the appointmentof counsel in cases that were not eligible forthe death penalty, and the Supreme Courthad ruled 20 years earlier, in Betts v. Brady, thatcounsel was not essential to a fair trial in non-capital cases.

Gideon: There was no chance I would besentenced to death for breaking into a poolhall. So I had to defend myself. And that wasa pretty sorry state of affairs.

Narrator: What do you mean?

Gideon: I didn't have a clue what I wasdoing. I might as well have just told them Iwas guilty because I didn't have any idea howto prove that I wasn't. I didn't know how to

ask the right questions or present evidenceor object to things the prosecutor did. Andthen there was the testimony of that cab driv-er. He really did me in.

Cab Driver: Wait a minute, Clarence. I justtold them the truth. I told them that I pickedyou up outside the poolroom that night.

Gideon: And what else did you tell them?

Cab Driver: Just what you said – not to tellanyone that I had picked you up. I just toldthe truth.

Gideon: So I looked guilty as heck, and that'swhat the jury decided. There wasn't a thing Icould think to do to make them think other-wise. So off to prison I went.

Narrator: How did you feel about this?

Gideon: How do you think I felt? Howwould you feel if you had to get locked upwhen you didn't do anything wrong? So Idecided to fight it.

Narrator: Fight what?

Gideon: Fight my conviction. Ask for a newtrial. Get them to say I should have had alawyer. I wrote up a petition to the SupremeCourt of the United States of America andasked them to hear my case. I asked them tooverrule my conviction because I didn't havea fair trial.

Narrator: And what did the SupremeCourt say?

Gideon: Well, the miracle is that they actu-ally read my petition and agreed to hear mycase. I mean lots of guys in prison write tothe court. I was pretty lucky.

Supreme Court Clerk: He sure was lucky.We get hundreds of petitions from prisonersasking the Supreme Court to issue a writ ofcertiorari – in other words, asking theCourt to hear their cases. Out of the morethan 2,500 cases filed with the court thatterm, the Supreme Court only agreed to hear150. Plus, the Court rarely hears cases filedin forma pauperis (those submitted bypoor defendants), so it was pretty amazingthat the Court decided to take up Gideon'shandwritten petition.

Narrator: And what did they decide?

Gideon: They decided I was entitled to anew trial with a lawyer. And I have two peo-

ple to thank for that. A lawyer named AbeFortas. And a judge named Justice HugoBlack.

Abe Fortas: Although I have argued beforethe Supreme Court many times, this was amilestone in my legal career. My argumentbasically was this: An accused person cannotproperly defend himself. He needs a lawyer ifhe is going to have a fair trial.

Justice Hugo Black: Well, Mr. Fortas' argu-ment was a little more involved. But that'swhat it came down to. It is not fair to try aperson without a lawyer just because he orshe is poor and cannot afford one. And Mr.Fortas argued Mr. Gideon's case brilliantly. It'sno wonder he eventually became a justice onthe Supreme Court.

Gideon: So the court decided in 1963 that Ishould get another trial and be representedby counsel. And this time I won.

Narrator: How?

Gideon: Because the lawyer knew how toask the questions I didn't know how to ask inthe first trial. For one thing, he knew the rightquestion to ask that cab driver.

Cab Driver: He's right. Just like the firsttime, I told about how Clarence told me notto tell anyone he had picked me up. But thatlawyer, he asked me one more question.

Lawyer: Did Mr. Gideon ever ask you onprevious occasions to deny that you hadpicked him up?

Cab Driver: And I told him the truth.(Turning to the Lawyer.) Sure, I said, Clarencesaid that every time I picked him up. I think ithad something to do with some kind of prob-lem with his wife.

Gideon: Questions like that made a big dif-ference. This time I was acquitted. And Iwas free. But more important, my petitionto the Supreme Court meant that now any-one like me, anyone too poor to pay alawyer, would have one appointed to repre-sent him.

Narrator: And that is a basic right ofAmericans. The right to a fair trial with coun-sel. Is the system perfect? No. But thanks toClarence Earl Gideon and Abe Fortas andJustice Hugo Black, our justice system nowprovides an attorney for indigent defendants.And that is a big deal.

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The NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS is the pre-

eminent organization in the United States advancing the mission of the nation’s criminal

defense lawyers to ensure justice and due process for persons accused of crime or other

misconduct. A professional bar association founded in 1958,NACDL’s members include pri-

vate criminal defense lawyers, public defenders, active duty U.S.military defense counsel, law

professors and judges committed to preserving fairness within America’s criminal justice system.

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