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Right To Council


            One of the most important rights of someone accused of a crime is the right to be represented by an attorney. It is important because of the obvious reason that a person not engaged in the dealings of law does not know the justice system. Without an attorney most persons that have been accused of a crime would have almost no chance of being acquitted. Without an attorney a defendant is powerless to the effects of the prosecutor. The rights of United States citizens are given to us in the Constitution. This is the most important document that for Americans. There can however be conflictions in the Constitution. When there are problems the courts of the United States help to dissolve these problems. .
             In the Sixth amendment of the constitution it is stated that "In all criminal prosecutions, the accused shall enjoy the right to have Assistance of Counsel for his defense." This can be interpreted in a number of different ways. If the accused cannot afford counsel, is the government required to provide it? Or, is the accused responsible himself for gaining counsel? The Fourteenth amendment states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." In 1963 in Florida these two Amendments conflicted with each other. Do the states have the right to develop their own legislation regarding the rights of the accused to have counsel appointed to them, or does the Fourteenth amendment prevent this? Other questions also arise. These questions were answered by the United States Supreme Court in the case of Gideon v Wainwright.
             In June of 1961, a fifty year old petty thief and drifter, Clarence Earl Gideon who spent most of his life in and out of jail was arrested in Florida. Gideon was accused of breaking into a poolroom in an attempt to steal beer, wine, and cigarettes. The trial was held in August of 1961. Since the arrest, Gideon proclaimed his innocence.


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