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write to have a lawyer

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Clarence Earl Gideon

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had a rough life

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father died when he was three

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made it through the 8th grade

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ran away, drifted away

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ran into trouble with the law

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1961 was working as an electrician

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someone broke into a pool room and stole money

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someone accused Clarence of the crime

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couldn't afford a lawyer

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at the time, the state of Florida would only appoint a lawyer for you in a death penalty case

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Gideon represented himself

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criminal defense is complicated

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you have to know many rules regarding evidence and procedure

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he hadn't been to law school or even high school

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for possibly stealing a couple dollars, he gets convicted for five years

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while he's in jail, he started reading the U.S. Constitution

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the Constitution was written so that common people can understand it

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he reads the Sixth Amendment

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"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."

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he felt that when Florida tried him without giving him a lawyer, it violated this right

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the Sixth Amendment doesn't apply to the states, but through the 14th Amendment it does

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Gideon writes a petition in pencil to the Supreme Court of Florida

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catches the court's attention

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they take the case and rule 9-0 for him

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Gideon gets new lawyer

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jury acquits him only have an hour of deliberation

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other rights in the sixth amendment

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ensure a fair trial

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the right to be told what the charges against you are

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you have the right to confront the witnesses against you

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cross examine them

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have the right to bring people in to testify for you, even against their will

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right to a speedy and public trial by an impartial jury

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the right to a counsel and a right to a jury are similar in one way

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both work to ensure that the defendant is not alone

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the jury is not on your side, but they are not on the government's side either

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they are your peers

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they represent the people

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the Sixth Amendment makes the trial fairer

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reduce mistaken convictions

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supports "proof beyond a reasonable doubt"

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when there are mistakes, it should be on the side of acquitting the guilty instead of convicting the innocent

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the cost of mistaken acquittals is worth bearing

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the sixth amendment leads to more guilty people being acquitted

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but this is not as true as you might think

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90 to 95% of all cases end with a plea bargain

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even more true for appointed lawyers

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so what the Sixth Amendment means in most cases is that you have a lawyer to negotiate your plea bargain

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with a plea bargain, the government says, "we think you did something very bad, and we're willing to go to court to prove this, but if you agree to admit that you did something slightly less bad, then we won't have the trial, and offer to you, accept the lesser charge, but don't contest it"

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differences between right to jury and right to a lawyer

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who can serve on a jury has always been an issue for certain people

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blacks

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women

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gays and lesbians

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when we think about the jury right, we shouldn't think of this just as a right for the defendant

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a right to serve and play a role in the administration of justice

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today people want to get out of jury service