gideon's trumpet movie quiz

what crimes were gideon convicted of

breaking and entering and petty larceny (misdemeanor)

why did gideon represent himself in the trial

he couldn't afford and lawyer and they wouldn't give him one

was the trial fair

no because he has the right to be appointed a lawyer; the state had a lawyer and he did not

how long was gideon's sentence

5 years

was gideon's punishment appropriate

no because it was very harsh

what amendments did gideon base his appeal

the 6th amendment and the due process clause of the 14th amendment

what is the importance of the writ of habeas corpus

gideon was pointing out that the state of florida was unlawfully imprisoning him because the trial was unfair

what is an order from the supreme court to set a case up for review

writ of certiorari

what is gideon's request to sue without incurring liability for court costs

in forma pauperis petition

what is the purpose of the conference held by the supreme court

they discuss cases, make decisions, agree to hear others, etc

what is stare decisis/letting the decision stand

precedence

why is precedence important

it is the court adherence to previous decisions

what precedent was set in betts v brady

the counsel was required only in special circumstances

what problem did the betts case cause for the supreme court

it happened 20 years ago; refusal to appoint an indigent attorney did not necessarily violate the due process clause

who was gideon's lawyer

abe fortas

what were the major points made by abe fortas

the unfairness of the situation; states were already moving in the direction of giving aid to lawyers

what arguments were made by the lawyer representing the state of florida

states should have flexibility to run their own court systems; the method of special circumstances work fine

what is being tried twice for the same crime

double jeopardy

why was gideon's second trial not double jeopardy

gideon asked for a new trial with a lawyer

what is a time limit in which charges must be brought

statute of limitations

why were statute of limitations not used in gideon's second trial

gideon had been charged during the two year statute and won the right to a new trial through his appeal

what is aclu

american civil liberties union

why did the aclu get involved in gideon's second trial

they were interested in rights of accused, fair trials, etc

how creditable was the eyewitness for the prosecution

this led to the second prosecution of gideon's to weaken the prosecution and the precedent of gideon

what did the betts v brady case do

deny counsel to indigent defendants when prosecuted by a state

who was the witness who saw gideon leave the pool room with a bottle of wine and his pockets filled

henry cook

where did gideo's crime take place

the pool room

what did gideon steal

$5 in change, beer and soda, and $50 from the jukebox

what state did this take place in

florida

what is gideon's full name

clarence earl gideon

what amendment is in all criminal prosecutions the accused should enjoy the right to a public and speedy trial

6th

what amendment is no person shall be held to answer for a capital or infamous crime unless in a presentment or indictment of grand jury

5th