Gideon v. Wainwright, 372 U.S. 335 (1963)

"The right of one charged with crime
to counsel may not be deemed fundamental
in some countries. But it is in ours."

Panama City, Florida, 1961. Panama City, Florida, 1961. Police arrest a drifter, Clarence Gideon, for breaking and entering. Clarence cannot afford a lawyer, so he asks the court to appoint one for him. The judge says the state doesn't have to pay a poor person's legal defense, except for a capital crime.

So Clarence has to represent himself. He's convicted. From his prison cell, he submits a petition for his freedom, written in pencil, to the United States Supreme Court.

The Court grants Gideon a new trial, and appoints famous Washington attorney Abe Fortas (and future Supreme Court justice) to represent him. "In our adversary system of criminal justice," writes Justice Hugo Black, "any person hauled 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.... Lawyers in criminal courts are necessities, not luxuries... Legal representation is essential to a fair trial. The right of one charged with crime to counsel may not be deemed fundamental in some countries. But it is in ours."

A jury acquits Gideon and sets him free.

For more...

Constitution Center: Clarence Gideon's Road to the Supreme Court

AMENDMENT 6 The Right to Counsel

Passed by Congress September 25, 1789. Ratified December 15, 1791.

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 defence. [^].

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