Courts and Amendments
Which Amendment to the US Constitution guarantees a defendant the right to a lawyer?
The Sixth Amendment
Name the 1932 Supreme Court case that ruled state courts must appoint counsel and include enough time to prepare a defense.
Powell v. Alabama
In what year did the burglary that led to Gideon's arrest occur?
1961
What is the central idea of the text?
Gideon v. Wainwright ruled that states are responsible for providing a lawyer if defendants cannot afford one.
What is a defendant?
A person who has been accused of a crime.
The 14th Amendment says states cannot deprive a person of life, liberty, or property without what?
Due process of law.
Which 1942 case held that the 14th Amendment did not automatically require states to provide counsel to the poor. (This was later changed by another important case!)
Betts v. Brady
What item found on Clarence Earl Gideon led to his arrest?
How does paragraph 9 develop a central idea of the article: P.9 "All nine members of the Supreme Court ruled in Gideon's favor."
P. 9 Emphasizes the significance of Gideon's case through the unanimous ruling.
What does appoint counsel mean?
To assign or provide a lawyer (often by the court/free-of-charge to the defendant) to represent someone
According to the article, why do individuals seek legal counsel?
They are being charged with a crime.
In which case did the Supreme Court overturn part of Betts v. Brady and rule that states must provide lawyers for defendants who cannot afford one in felony cases?
Gideon v. Wainwright
What did Gideon do while serving his sentence that helped bring his case to the Supreme Court?
He studied law while in prison and wrote a petition to the Supreme Court.
What is the main idea of paragraph 11? First line:"The court said that the best proof that the right to counsel is fundamental is that governments spend a lot of money to try to convict defendants."
The importance of legal counsel is made evident by how much governments spend on trying to convict defendants.
What does "the federal level" mean?
Federal-level refers to the national government. (Instead of the state government.) Originally, the right to court-appointed/no-cost-to-the-defendant counsel was established at the federal/national level, but NOT at the state level. Gideon v. Wainwright changed that.
In the example of Powell v. Alabama (9 teens), what ruling was given towards the defendants? Did they have legal representation from the state?
The defendants were found guilty despite receiving no legal representation from the state.
What do paragraphs 6-7 describe in the article?
They introduce and provide details about Gideon's criminal case.
What legal action did Gideon file arguing that he was unlawfully imprisoned?
Habeas Corpus
What idea does the author include to address the drawbacks (negatives) of the Gideon decision? First sentence: "Even though Gideon led to the creation of public defender offices and government lawyers nationwide, it has practical limitations."
It describes the successes and shortcomings of free legal counsel.
Why is legal counsel considered a necessary right in the United States?
Legal counsel is considered a necessary right in the United States because it is necessary in order to secure the right to a fair trial. The Sixth amendment guarantees the right to have a lawyer. Paragraph 10 details "that the right to counsel in felony criminal cases is a fundamental right."
True or False: During Powell v. Alabama, government provided legal counsel was available only at the federal level, not at the state level.
TRUE: Counsel was guaranteed in federal cases, but not at the state level.
Describe one limitation or practical problem that remained after the Gideon decision?
The Gideon decision is difficult to successfully implement due to a lack of resources and decent legal counsel.
He could not afford a lawyer and the judge refused to appoint one (provide one free of charge); therefore, he represented himself at trial.
If there were no Gideon v. Wainwright, how would court cases be different?
Legal representation would not be guaranteed at the state level. If you could not afford an attorney, you would not get one.
What changed in 1972 related to the Gideon decision?
Prior to 1972, the Gideon decision only applied to criminal defendants charged with felonies. In 1972, another related court ruling extended the Gideon rule so that poor defendants charged with misdemeanors/less serious crimes could not be imprisoned unless they had received free legal counsel.