Word: wainwright
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...Indigent Clarence Gideon's famous victory in the U.S. Supreme Court, which earned for all American indigents the right to free trial counsel in felony cases. The decision applied retroactively to convicts who had been tried without lawyers, and, just as the lawmen expected, by 1965 Gideon v. Wainwright had freed more than 1,000 Florida prisoners. But predictions of a resultant crime wave, says the Florida Division of Corrections, have turned out to be all wrong...
...Supreme Court started moving inexorably toward a solution in Gideon v. Wainwright, which discarded "totality" as the test of whether indigents were entitled to free counsel in state criminal trials. By imposing on the states the Sixth Amendment right to counsel, Gideon set an objective standard: all indigents get free counsel in the courtroom...
...Supreme Court decisions have been so universally admired as Gideon v. Wainwright (1963), which reversed the burglary conviction of Clarence Gideon, a Florida indigent, because he had been denied free counsel at his trial. The Constitution entitles every defendant to a lawyer, said the court...
...Safeguards. More recently, two related decisions laid the groundwork for a ruling that even a voluntary confession might be inadmissible in state courts. In Gideon v. Wainwright (1963), the Sixth Amendment right to counsel was extended to all state criminal courts. In Malloy v. Hogan (1964), the Fifth Amendment guarantee against self-incrimination was also extended to the states. As a result, the court took the next step-concluding that police interrogation itself is so crucial in prosecution, that at this stage, as well as in the courtroom, an accused's rights to silence and to counsel...
...underlying principle of fair trial, that it should be a truth-seeking contest between equal adversaries, has also been undermined by the cost of competent legal aid. Until 1963, when the Supreme Court's celebrated Gideon v. Wainwright ruling established the absolute right to counsel in serious criminal proceedings under state jurisdictions, the great majority of defendants had no lawyers because they could not afford them (60% still cannot). A disproportionate number of people wound up in jail or on death row largely because they happened to be poor, undefended and ignorant of their rights. In short, criminal justice...