Word: gideons
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Dates: during 1960-1969
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...Unread Classic has become as much a part of vacation nostalgia as the unvisited museum or the unclaimed laundry. The catchall bookshelf in a rented summer cottage, once the hallowed repository of mildewed National Geographies and Mary Roberts Rinehart, now often runs to Pasternak and Proust, to Galbraith and Gideon's Trumpet. Even in the remotest fishing village, the drugstore often offers a conscience-pricking range of paperback titles. Inevitably, as he scoops up Louis Fischer's Life of Lenin, Camus' The Plague, George Orwell's Essays, and four Ian Flemings for insurance, the vacationer...
...Communist causes.) In 1954, Fortas persuaded the U.S. Court of Appeals for the District of Columbia to broaden the definition of legal insanity in the light of psychiatric knowledge, a decision that is still reverberating through the courts. In 1962, the Supreme Court picked him to appeal the celebrated Gideon case; he argued brilliantly and induced the court to rule that any citizen, no matter how humble he was, or how guilty he seemed, had the right to legal counsel, even if the state...
...jailhouse doors" to hundreds of prisoners whose convictions may be nullified retroactively. In an important decision last month (Linkletter v. Louisiana), the court answered much of the criticism by holding that retroactivity depends on each decision's purpose. When a ruling concerns the right to counsel, as in Gideon, it is likely to be made retroactive, because it raises new questions about the prisoner's actual guilt. By contrast, the court refused to make Mapp retroactive because that decision had what lawyers call the "prophylactic" purpose of deterring lawless police action in the future...
Many implications of the Supreme Court's decisions have yet to be resolved. The Gideon ruling raised an infinitely complex question: At what precise moment after his arrest is a suspect entitled to counsel? For federal defendants, this issue has been solved. In Mallory v. U.S. (1957), the Supreme Court emphasized that anyone under federal arrest must be taken "without unnecessary delay" before a U.S. commissioner for instruction on his rights to silence and counsel; admissions obtained during an excessive delay must be excluded. The 1964 Criminal Justice Act requires as well that all indigents must be assigned lawyers...
...Appeals for the Second Circuit, the undertaking is being researched by 80 of the country's top police officers, judges and lawyers. One A.B.A. committee seeks ways to get lawyers for indigents in all 3,100 of the nation's counties; more than two years after Gideon, there has been virtually no progress in 2,900 counties handling 70% of U.S. criminal cases. Another committee is investigating sentencing procedures. At present, no courts in the U.S. save in Connecticut and Massachusetts have the power to review sentences, however harsh or inadequate, unless they exceed statutory maximums. A more...