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Gideon's Trumpet
10
An In-Depth Look
at the 6th Amendment
6th Amendment
Right to:
- speedy trial
- case heard by a impartial jury
- informed of the nature of the conviction
- confronted with the witnesses
- compulsory process for obtaining witnesses
- counsel
- public trial guarantee
The 6th Amendment
Important Court Cases
"In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defense"
Powell v. Alabama
- nine men accused of rape
- trial without counsel
- defendants in capital cases are entitled to an attorney
Betts v. Brady
- robbery conviction in maryland
- went to trial without counsel--guilty
- right to counsel in non-capital cases must be decided on a case by case decision
Gideon v. Wainwright
- convicted of theft
- denied counsel
- established the right to counsel to all felony cases
Miranda v. Arizona
- kidnapping and rape conviction
- interrogated with a written conviction
- must be informed of rights--including the right to counsel
Clarence Earl Gideon
- semi-literate drifter
- broke into the pool hall in Florida and stole the money out of the cigarette machine and the jukebox--$60 approximately
- asked the judge to appoint a lawyer--denied
- state did not have to pay for a lawyer unless he was charged with a capital crime--punishable by death
- represented himself poorly in court--lost
- called the police who arrested him to testify for him
- convicted of breaking and entering and petty larceny
- 5 years in prison
Gideon's Trumpet
The 6th Amendment
- book written by Anthony Lewis
- became a movie in 1980
- starring Henry Fonda as Gideon
Gideon vs. Wainwright