Hugo Black

Name: Gideon v. Wainwright — Opinion of the Court
Author: Hugo Black

Gideon v. Wainwright — Opinion of the Court

Summary

“Gideon v. Wainwright — Opinion of the Court”, is a work by Hugo Black. It explores elements such as the Fourteenth Amendment, Betts and counsel.

Quotes from Gideon v. Wainwright — Opinion of the Court (Hugo Black)

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ Not only these precedents, but also reason and reflection, require us to recognize that, in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This seems to us to be an obvious truth. Governments, both state and federal, quite properly spend vast sums of money to establish machinery to try defendants accused of crime. Lawyers to prosecute are everywhere deemed essential to protect the public's interest in an orderly society. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ A defendant's need for a lawyer is nowhere better stated than in the moving words of Mr. Justice Sutherland in Powell v. Alabama:
The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be [p345] heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ Plainly, had the Court concluded that appointment of counsel for an indigent criminal defendant was "a fundamental right, essential to a fair trial," it would have held that the Fourteenth Amendment requires appointment of counsel in a state court, just as the Sixth Amendment requires in a federal court. [p341]
We think the Court in Betts had ample precedent for acknowledging that those guarantees of the Bill of Rights which are fundamental safeguards of liberty immune from federal abridgment are equally protected against state invasion by the Due Process Clause of the Fourteenth Amendment. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ That which may, in one setting, constitute a denial of fundamental fairness, shocking to the universal sense of justice, may, in other circumstances, and in the light of other considerations, fall short of such denial. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ Appearing in court without funds and without a lawyer, petitioner asked the court to appoint counsel for him, whereupon the following colloquy took place:
The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ That government hires lawyers to prosecute and defendants who have the money hire lawyers to defend are the strongest indications of the widespread belief that lawyers in criminal courts are necessities, not luxuries. ”

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Source: Wikisource

Hugo Black, Gideon v. Wainwright — Opinion of the Court

“ He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. 287 U.S. at 68-69. The Court in Betts v. Brady departed from the sound wisdom upon which the Court's holding in Powell v. Alabama rested. Florida, supported by two other States, has asked that Betts v. Brady be left intact. ”

Hugo Black

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Quotes from Gideon v. Wainwright — Opinion of the Court (Hugo Black)

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