GIDEON'S TRUMPET VIEWING GUIDE

Giddon stole a thing of wine from the Pool store. He was picked up in a taxi at 5:30 am by a taxi driver. He also stole some money from the jukebox. Happened on June third broke in and stole money from a poll room.

The movie opens with the commission of a crime. Who is the accused of the crime and what is the crime?

He is forgetful and doesn't remember stuff. He does not have a lawyer at the trial he comes in alone. He isn't allowed a lawyer in the state of Florida you can only have a lawyer if it is a capital offense. He says that he has nothing to do with it and that he did nothing wrong.

Describe the accused; what is he like?

The crime occurs in Florida and Gidden stole money from the pool room and a pint of wine. Wade was supposedly outside the pool room at 5:30 and he was asked if he was convicted of a felony. When he takes calls he goes across the street to a pool room to make a call. His landlord has never seen him drunk and he has never been drunk. He was proven guilty and he has been in jail 4 times for other finds of stealing. He has to go to jail for five years, which is his term.

Where does the crime take place and in what state does it occur?

No state can deprive someone of life liberty and property and the pursuit of happiness. The 14th amendment states that you need to have a lawyer. They can't put you in jail unless they give you a fair trial. So, that is what he applied to the supreme court about. Law says that he is innocent till proven guilty. He wasn't given a lawyer for the case and he was not able to defend himself properly. He knows that he doesn't drink or steal. This has been his second time on trial and the first time he didn't get a lawyer and he went to jail for 2 months having him lose custody of his kids. He can apply to the supreme court for a writ of cert.

According to Gideon, which of his rights have been violated, and on what amendment is this right based?

After he sent the appeal the supreme court decided to hear his case since not having a lawyer violated the constitution. He received such a high sentence in jail for such a small crime five years to be exact. They decided that Gidden was right and it was a majority vote d\by the supreme court.

How does the Supreme Court decide a case after it hears the lawyers' arguments?

Fred Turner is the Bay County, Fla., a criminal defense lawyer who represented Clarence Gideon at his second trial after the Supreme Court had ruled with Gideon and had remanded the case. Judge Robert McCrary, the circuit judge who tried Clarence Gideon both times, asked Gideon which lawyer he wanted.

Name the lawyer who represents Gideon in the Supreme Court.

Despite his efforts, the jury found Gideon got double jeopardy which meant that he had to go to trial for the same offense as before. He did have a lawyer that time but he knew it was unconstitutional since he was already tried in court for the same thing. This rule was in the constitution as the fifth amendment. The state of Florida has a two-year limit against a crime. He was released from prison after serving two years and was able to go see his kids.

Even though he wins his case in the Supreme Court, why is Gideon still angry at the courts and his lawyers?

In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.

How does this Supreme Court decision affect other prisoners?

The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to select most of the cases it hears.

What is a Writ of Certiorari and what does it do?

In forma pauperis is a Latin legal term meaning "in the character or manner of a pauper". It refers to the ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appeal.

Gideon files an In Forma Pauperis Petition? What does this mean?

Double jeopardy prohibits different prosecutions for the same offense. This rule can come into play when the government brings a charge against someone for an incident, then prosecutes that person again for the same incident, only with a different charge.

What is Double Jeopardy; on what amendment is it based; and why does it not apply to Gideon?

In Gideon v. Wainwright (1963), the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.

What is Precedent and Stare Decisis and how does the Betts v. Brady decision work against Gideon's appeal?

Role. The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice. ... Third, it protects civil rights and liberties by striking down laws that violate the Constitution.

Why is the Supreme Court so important when it comes to constitutional rights found in the Bill of Rights?