Lesson 4: Due Process Rights

 To what extent are people entitled to an attorney, if they cannot afford to pay for one?

As in the previous one, this lesson also deals with an accused person’s right to counsel, albeit a different facet. This lesson presents the case of Clarence Earl Gideon, a convicted felon who was arrested for breaking into in a poolroom and taking $65 from a cigarette machine and jukebox. When it came time for him to go to trial, Gideon, claiming he was too poor to afford one, requested that the judge assign a court-appointed attorney to defend him. Gideon’s request was denied, because under Florida law the court could appoint counsel only when the defendant was charged with a capital offense.

Gideon prepared his own appeal to the United States Supreme Court. In a landmark decision, the Court determined that Gideon’s rights were denied. Overturning Betts v. Brady, the Court ruled that the Sixth Amendment, as applied to the states by the Fourteenth, required that counsel be appointed to represent indigent defendants charged with serious crimes in state criminal trials.

 Students will be able to:

• Discuss the facts related to Gideon v. Wainright.
• Formulate the legal issue in Gideon v. Wainright.
• Analyze the decision that the Court reached in Gideon.

Handout 4A "Gideon v. Wainright - Formulating the Issue"

Handout 4B "Gideon v. Wainwright"

1 class period

 Distribute Handout 4A, "Gideon v. Wainright - Formulating the Issue." Have students complete the exercise.

Then, as part of the whole class discussion, have them explain/answer the following:

• What did you learn about the Gideon case from this letter?
• Discuss the key facts of this case from Gideon’s point of view.
• Discuss the key facts from Florida’s point of view.
• What did you find to be the key issue of this case?
• Why is it so important to be able to formulate the issue in a legal case?
• Explain why so many people believe that the issue raised in Gideon, the right of the poor to an attorney, to be such an important issue?
• How do you think the Supreme Court decided this case? Explain

 Ask students to interview a public defender in their community. Based on their interview, ask them to write an article on the role of the public defender, as if they were reporters for a local newspaper

Divide students into groups of four. Have them research the decision in the Gideon case. Making believe it is 1963, have selected groups of four simulate a television panel show, whose title is the Gideon Case: The Decision and What it Means for the Criminal Justice System.

Using the model in the Mapp case (Lesson #1), ask students to draw a four frame cartoon summarizing the facts and Court findings in Gideon v. Wainright. Remind students that they may draw stick figures, since you’re not interested in their drawing ability but rather the ability to portray the significance of the Gideon case in graphic form.

Based the multiple intelligence theory.

Linguistic: Have students engage in a role-play in which one student acting as a Supreme Court justice delivers a speech to a group of law students explaining why the Court ruled as it did in Gideon v. Wainwright.

Have students interview public defenders about their views of the case and then have them prepare a newspaper article summarizing the interviews.

Have students research the case of Argersinger v. Hamlin and discuss how it extended the Gideon case.

Logical/Mathematical: Students should research statistics comparing the outcomes of cases in which defendants were represented by court appointed attorneys with cases in which defendants selected and paid for their own attorneys.

Intrapersonal: Have students discuss the following questions: What did you learn about a person's right to a lawyer in this lesson? How do you feel about a person's right to a lawyer if he/she cannot afford one? What would you like to know about the right of a defendant to have a lawyer if he/she cannot afford one?

Ask students to obtain information about the services provided to indigent defendants from the local legal aid or public defender’s office.

Have students research the case of Argersinger v. Hamlin (1972). Discuss how it extended the Gideon decision.

Assign students to write a book review of Gideon’s Trumpet..

Gideon v. Wainright - Formulating the Issue

Every court case, such as Gideon v. Wainright, contains an issue question. The issue question presents the major problem which justices must decide or resolve. Each side will have taken actions based on certain values; also, the actions and values of each side will have a legal basis. Basically it’s up to the courts to decide: Should the actions, values and legal basis of one side prevail (win out) over the actions, values and legal basis of the other side?

Here are some things to follow to help you write the issue question:

1. A "yes" or "no" question: issues should always be written as a question that can be answered with a simple "yes" or "no." Do not begin issue questions with "who," "what," "how," "where" or "why." Instead, use "does," "is" or "can."

2. Include both sides: A complete issue question will ask if the actions, values and legal basis of one side should win over (or do they violate) the actions, values and legal basis of the other. For example a good legal question might be: Does the arrest of Mapp by the state of Ohio on the charge of possessing pornographic materials violate Mapp’s right to protection against search and seizure based on the 4th and 14th Amendments. In this example note that both the side of the state and Mapp appeared.

3. Avoid Extremes: Don’t be too specific or too general, too wordy or too brief.

Consider the facts in the letter that follows. Then, using the form below and the "due process" amendments you received in Lesson #1 develop the major issue:

Distinguished Members of the United States Supreme Court:

I have been convicted of breaking and entering a poolroom and taking $65.00 from the vending machines. According to Florida law, this is considered a felony. Prior to the trial, I requested that an attorney be appointed to handle my case, as I am too poor to afford one. The judge refused my request, saying that the Betts vs. Brady case determined that in state courts (such as Florida’s) defendants without funds are entitled to an attorney only in a cases involving a capital offense (when the punishment is death).

During the trial, I did about as well as could be expected from a layman. Unfortunately, the jury returned a guilty verdict.

I appealed my case to the Florida Supreme Court, explaining that my Sixth Amendment right to an attorney had been violated. My appeal was denied. Now, I am writing to you, the highest court in the land, hoping that you will agree with me that the Sixth Amendment, as applied to the states by the Fourteenth Amendment guarantees that a lawyer be appointed for all defendants who are too poor to afford one.

Sincerely,

Clarence Earl Gideon

1. The main issue in the Gideon case:

Does the ________________________________________________________________
                                (action of the state)

based on ________________________________________________________________
                                (legal basis of the state)

Violate Gideon’s right to ___________________________________________________
                                                                (action or value)

based on _______________________________________________________________?
                                (legal basis)