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Gideon Vs. Wainright



             In January 1963, Gideon presented his case to the Supreme Court. The argument was that, it was unconstitutional for the states to create their own legislation. The right to counsel is protected by the sixth amendment. The argument was supported by the sixth amendment that states, " No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.".
             The supreme courts decision was made in March. All nine justices concluded to reverse Gideon's conviction on the basis that he was denied due process by reason of the denial of the appointment of legal counsel to his defense. Justice Black delivered the unanimous decision. Gideon was received a new trial and acquitted of the charges.
             This decision had many complications. For example, the people that have been convicted with out counsel had been released from Florida jails; regardless of guilt or innocence. But, if the prisoners were retried what happens with the Fifth Amendment concerning double jeopardy? They can't be convicted twice for the same crime.
             When we fought in the Civil War, we were fighting to be separate. When we won the Civil War we became the United States of America. What right do the states have to separate and make their own laws? Granted most laws have a loophole. However, if the judges in Florida, did it the right way all of those people that were in prison, regardless if they"re innocent or not would have not been let out of prison all at once. .
             A lot of the district attorneys go by prior record with the law. If you have a background of repeat offenses chances are they will use it against you and the jury will sentence you longer in jail. When Gideon was conducting his defense alone, he could have not possibly defended himself against his prior offenses. Where a lawyer or legal aid would be able to help. Not necessarily clear his name for what he has done in the past, but they could have said he had reformed himself to try and get his family back.


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