Gideon v. Wainwright
Review
Terms to Know
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Beyond a reasonable doubt
Due process of law
Write of habeas corpus
Writ of certiorari
Beyond a Reasonable Doubt
• Part of jury instructions in all criminal trials, in
which the jurors are told that they can only
find the defendant guilty if they are convinced
"beyond a reason- able doubt" of his or her
guilt.
• In other words, you must be very certain.
• By comparison it is meant to be a tougher
standard than "preponderance of the
evidence," used as a test to give judgment to
a plaintiff in a civil (non-criminal) case.
Due Process of Law
• The fundamental principle of fairness in
all legal matters, both civil and criminal,
especially in the courts.
• This insures that individual shall not
receive prejudicial or unequal treatment.
Writ of Habeas Corpus
• Asks that a court determine if the prisoner's
detention is lawful.
Writ of certiorari
• A writ of superior court to call up the
records of an inferior court.
Betts v. Brady
6-3 vote, June 1 1942
• Betts was indicted for robbery and detained in a
Maryland jail. Prior to his trial, he asked for
counsel to represent him.
• This request was denied and he was soon
convicted. While incarcerated, Betts filed a habeas
corpus petition in the lower courts.
• After they rejected his petitions, he filed a
certiorari petition with the Supreme Court, which
agreed to hear his case.
continued
• Betts argued that his 6th Amendment right to a fair trial
was violated because of his lack of counsel.
• The state of Maryland held that most states did not require
the appointment of counsel in non-capital cases and the
circumstances of this particular case did not require it.
• Although the Court found in favor of Betts, it decided that
the right to counsel must be decided on a case- by-case
basis.
• This ruling was upheld for 20 years until it was overturned
by Gideon v. Wainwright in 1963.
Facts
• Gideon applied to the State Supreme Court
for a writ of habeas corpus, on the ground
that his conviction violated his rights under
the Federal Constitution.
• The right of a defendant in a criminal trial to
have the assistance of counsel is a
fundamental right essential to a fair trial, and
petitioner's trial and conviction without the
assistance of counsel violated the Fourteenth
Amendment.
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14 Amendment
• Rights Guaranteed Privileges and
Immunities of Citizenship, Due Process
and Equal Protection.
th
6 Amendment
• Rights of Accused in Criminal Prosecutions
Gives the right to….
• a speedy and public trial
• impartial jury
• 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
• to have the assistance of counsel for his defense.
Outcome
• The Court agreed to hear his case and
council was appointed to him. The Supreme
Court found in favor of Gideon, overruling
Betts v. Brady.
• In doing so, it declared that all defendants in
felony cases had the right to an attorney.
• Gideon was given a new trial with a lawyer
and the jury acquitted him.