The SC ruled that a search of schoolchildren may be reasonable when supported by “special needs” which included a faculty monitor standing outside a bathroom listening for the “normal” sounds of urination. a. Gideon v. Wainwright b. Pottawatomie County et al. v. Earls c. Argersinger v. Hamlin d. In re Gault 2. In our system‚ the criminal courts have two opposing viewpoints which they try and settle: a. Due Process and Arbitration b. Crime Control and Sentencing c. Due Process and Crime
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a few cases recently that were brought to the U.S. Supreme Court. One of the more recent U.S. Supreme Court cases is that of Obergefell v. Hodges. In this case 14 same-sex couples were arguing that a few select states were violating their Fourteenth Amendment rights by not allowing them to marry a person of the same sex. Two other cases were‚ Bethune-Hill et al. v. Virginia State
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Gideon v. Wainwright‚ a case involving a indigent man by the name Clarence Gideon‚ who couldn’t afford an attorney to advocate for him when he was charged with breaking an entry‚ a felony in the state of Florida. This case not only changed America when the supreme court ruled the government must provide free counsel to accused criminals who cannot afford counsel for themselves‚ this case as also had a huge impact on my family life and in my decision making when it came to my career path. Clarence
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Constitution of the United States said: In all criminal prosecutions‚ the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense." The earlier cases regarding Right to Counsel were fought in the state courts. In Webb v. Baird‚ 6 Ind. 13 (1853) the state court ruled that an indigent suspect had the right to be appointed a counsel at the state’s expense2. The Court said: "It is not to be thought of in a civilized community for a moment that any citizen put in jeopardy
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to hire their own attorney nor was one appointed. This right has been earned in incremental stages involving several precedent cases. Those cases include Powell v. Alabama‚ 287 U.S. 45 (1932)‚ Johnson v. Zerbst‚ 304 U.S. 458 (1938)‚ Gideon v. Wainwright‚ 372 U.S. 335 (1963)‚ Argersinger v. Hamlin‚ 407 U.S. 321 (1972)‚ and United States v. Wade‚ 388 U. S. 218 (1967). Today‚ counsel is guaranteed in all phases of critical pretrial events. Counsel is also guaranteed during post-trial sentencing procedures
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to counsel for the defendant pertains to those who cannot afford to pay fees for a private lawyer. Let’s take a trip back down memory lane as these rights can be found more than a century ago. The Webb v. Baird decision in 1853‚ however‚ was the exception rather than the rule in the states. In Webb v. Baird‚ the Indiana Supreme Court recognized a right to an attorney at public expense for an indigent person accused of crime‚ grounded in "the principles of a civilized society‚" not in constitutional
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Trumpet is the true story of a man named Clearance Earl Gideon‚ a semiliterate drifter who is arrested for burglary and petty theft. The book takes it’s readers back through one man’s moving account that became a constitutional landmark. Gideon’s Trumpet was written to recall the history behind the Gideon v. Wainwright court case and how it made such an enormous impact on United States law. On the night of June 3‚ 1961‚ Clearance Gideon broke into a pool room and smashed a cigarette machine and
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describing the story behind Gideon v. Wainwright‚ in which the United States Supreme Court ruled that criminal defendants have the right to an attorney even if they cannot afford it. The main character in this book is Clarence Earl Gideon. He was a fifty-one year old white man who was from the south. He believed that he was denied “due process of the law.” Gideon was never assigned an attorney for his case so he filed a petition with the United States Supreme Court. Gideon does this while he is incarcerated
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Once in a Great City: A Detroit Story‚ written by a Detroit native‚ David Maraniss. In his novel‚ set in Detroit around the 1960’s‚ he follows the numerous changes in society underway in detroit but also seen countrywide. Maraniss excels at bringing to light numerous issues regarding the economy‚ social life‚ political issues and other important themes we constantly see in history. I have chosen to expand on the social issues David Maraniss pointed out and explain how they have had long term effects
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The Supreme Court had already had a case 20 years before‚ Betts v. Brady ‚ which states that only in special circumstances does a defendant receive court appointed counsel. The circumstances were as follows; illiteracy‚ ignorance‚ youth‚ or mental illness. He did not qualify under any of those reasons. The chapter ends with the author summarizing the Florida court transcripts from the case The State of Florida v. Clarence Earl Gideon. After the judge announced the case and got the proceedings started
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