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"Gideon v. Wainwright: The Right to an Attorney
Clarence Gideon was an uneducated man who had to defend himself in a Florida court because he could not afford an attorney and the trial judge refused to provide one at public expense. Here, Gideon writes from prison to the attorney assigned to handle his Supreme Court appeal. Fourteen months after this letter, the Court ruled in Gideon v. Wainwright that every defendant has a right to an attorney.
Primary Source Document
On June 3rd 1961 I was a arrested for the crime I am now doing time on. I was charged with Breaking & Entering to comitt a misdemeanor and was convicted in a trial August 4th 1961 [and] sentenced to State Prison August 27th 1961.
This charged growed out of gambling…I worked in this place and did run a Poker game there…I did not break into this building nor did I have to [because] I had the keys to the building…The State witness Cook who was supposed to identify me. Had a bad police record and the Court would not let me bring that out. Nor that one time I had at the point of a pistal made him stop beating a girl[.]
I always believed that the primarily reason of a trial in a court of law was to reach the truth. My trial was far from the truth. One day when I was being arraigned [brought to court to be formally charged] I seen two trials of two different men tried without attorneys. One hour from the time they started they had two juries out and fifteen minutes later they were found guilty and sentenced. Is this a fair trial? This is common practiced through most of this state…I am an electrician here [in prison] and one of my fellow workers has two years for drunk and resisting arrest. Most city Police courts would give a citizen a twenty-five dollar fine for the same charge he was tried without an attorney and convicted…
There was not a crime committed in my case and I don’t feel like I had a fair trial. If I had a attorney [,] he could brought out all these things in my trial.
When I was arrested I was put in solitary confinement and I was not allowed the papers not to use the telephone or write to everyone I should. I did get a speedy arraignment and…was allow more time to try and obtain a attorney[,] which I could not do. You know about the rest of my trial…
I hope that [this letter] may help you in preparing this case. I am sorry I could not write better[.] I have done the best I could.
I have no illusions about the law and courts or the people who involved in them. I have read the complete history of law ever since the Romans first started writing them down and[,] before[,] of the laws of religions. I believe that each era finds a improvement in the law[.] Each year brings something new for the benefit of mankind. Maybe this will be one of those small steps forward"
Answer:
According to Gideon, without a lawyer, they lose their credibility in defending themselves, they don't have time to explain their case and they don't have enough knowledge to defend themselves based on the laws.
Explanation:
In the text above, we can see that Gideon disputes the existence of judgments made when the defendant does not have a lawyer. According to him, without a lawyer the reu is already condemned.
When reading Gideon's account, we can see that he shows how without a lawyer to make an efficient defense, the defendant completely loses his credibility and nobody really believes in his innocence, even if he is involved in a case that is not serious . In addition, this lack of credibility totally takes away the time for the meeting to express what really happened in your case.
Another problem is that the meeting has no knowledge to show that...
