Gideon v. Wainwright

  • September 18, 2017
    Guest Post

    by Christina Beeler, ACS Student Board member

    President Donald Trump seemingly endorses police brutality of suspects. He said, “like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody – don’t hit their head. I said, you can take the hand away, okay?” Although defenders insisted his remarks were made in jest, police departments all over the country rushed to condemn Trump’s remarks.

    Trump’s words brought up an old debate: should the protections of the Constitution extend only to those we deem worthy of empathy or is the Constitution there to protect even those who we may find abhorrent?

  • July 13, 2015
    Guest Post

    by Theo Shaw, a William H. Gates Public Service Law Scholar, University of Washington School of Law; and one of the young students charged in the “Jena 6” case. Follow him on Twitter @theorshaw

    Glenn Ford, imprisoned nearly half his life for a murder he didn’t commit, died earlier this month after a battle with lung cancer. Socially, though, he died 30 years ago – in part because of our nation’s underfunded public defender systems and prosecutorial misconduct, and lack of accountability.

    As an intern for the Innocence Project New Orleans (IPNO) in 2010, I worked on multiple cases where prosecutorial misconduct and lawyers’ ineffectiveness resulted in wrongful convictions. Some of our clients received ineffective legal representation because our nation’s public defender systems are so terribly underfunded lawyers are compelled to represent more people than is ethically possible, which increases the likelihood of wrongful convictions.

    Compounding those injustices are government abuses of power. During Ford’s initial trial, prosecutors withheld evidence favorable to his defense. Disturbingly, Ford’s nightmare isn’t unique. During my summer with the IPNO, I befriended John Thompson. He spent 18 years in prison—14 of those years on death row—for a crime he didn’t commit. In his case, prosecutors also withheld evidence favorable to his defense; and the gross injustice of government abuse is a reality for many more defendants.

    After his release, Ford filed a petition seeking compensation for his wrongful imprisonment. Ford's request was denied because, according to District Judge Katherine Dorroh, he failed to prove by clear and convincing evidence that he was factually innocent. This is clear for me: a criminal justice system built on the principle of Equal Justice Under Law should require more – for justice and fairness.

    For our society to banish these injustices it must face reality and take action. 

    In our juvenile and criminal justice systems, race and poverty significantly determines outcome. In fact, there are important cause and effect relations between race and poverty. It’s undeniable and ethically inexcusable that for indigent and racial minorities in our justice systems, both historically and within our contemporary society, the right to counsel is violated almost daily.

    As a prospective public interest lawyer, I am strongly committed and passionate about the right to competent legal representation and equal justice for indigent people, racial minorities, juvenile offenders, condemned prisoners, and those wrongly convicted in our legal system. This means I am just as committed to fighting systemic poverty, challenging racial discrimination in our criminal justice system, and ending human rights abuses in our juvenile and adult detention facilities, practices such as solitary confinement, guard abuse, and degrading conditions of confinement.

    My vision and hope for a just society is also fueled by a deeply held universal concern (across race) for all persons who have had or will have their constitutional rights violated. Hence, I am committed to using my knowledge (legal and otherwise) to be a powerful and compassionate voice for every person accused of a crime. In this way I hope to help this country realize the promise of Gideon v. Wainwright

     

     

  • December 16, 2013

    by Samantha Batel

    At the beginning of the recent fall semester, Professor Russell Christopher asked the students in his Criminal Procedure class at the University of Tulsa College of Law to raise their hand if they had heard of Gideon.  Out of the 40 second and third year students present, only two hands went up.

    Clarence Earl Gideon, the man to which Professor Christopher was referring, was the Plaintiff in the 1963 landmark Supreme Court case Gideon v. Wainwright, which held that the Sixth Amendment’s guarantee of counsel applies to the states.

    This year, Gideon celebrates its 50th anniversary. Law schools across the country have commemorated the case for both legal instruction and historical edification. This milestone, however, has also been met with a critical eye. Indeed, the real topic of study is not what Gideon was meant to accomplish, but whether it has succeeded.

    In her new book, “Chasing Gideon: The Elusive Quest for Poor People’s Justice,” author Karen Houppert describes a crisis in our nation’s courts. Discussing her work with the ACS Student Chapter at Harvard Law School, Ms. Houppert explained that the war on drugs, mandatory minimum sentencing, tough-on-crime policies and pre-trial incarceration have overtaxed our public defense system. She described one defendant in Spokane, Washington who was acquitted of vehicular manslaughter in 2004 only after the public defender was able to obtain a delay in the trail so that he could fully investigate the case, something that would have been impossible without the delay due to the defender’s caseload. That same year, a twelve-year-old boy pled guilty to a class B felony having never had an independent interview with his public defender, who was handling 440 other cases.

  • December 9, 2013
    Guest Post

    by Nanci Clarence, Clarence Dyer & Cohen LLP; Member, Board of Advisors, ACS Bay Area Lawyer Chapter

    This year should be a cause for celebration, as we mark the 50th anniversary of the right to counsel for indigent defendants recognized by the Supreme Court in Gideon v. Wainwright. Sadly, in the last year we have seen that critical right threatened by sequestration and budget cuts that jeopardize the stability of Federal Defender organizations, and that undermine the ability of Criminal Justice Act (CJA) counsel to represent these clients most in need.

    Federal Defender organizations and CJA panels represent clients charged with federal offenses in over 200,000 cases each year – 90% of the defendants in federal court. This system of funded Defender organizations and private CJA counsel have together represented a model of quality and cost-effective representation, and have been protecting the adversarial system of justice for the past forty years.

    This successful model is now at risk. In Fiscal Year 2013, Federal Defenders suffered a 10% cut to their budgets due to sequestration. Hundreds of full-time positions were lost, with over 10% of staff being terminated or lost to early retirement. The Defender offices were also forced to impose over 160,000 hours of unpaid furloughs. While Federal Defenders’ budgets were slashed, the Justice Department avoided furloughs for all of its employees. These cuts create greater long-term expenses through delays in litigation and longer pretrial detention.

    At the end of Fiscal Year 2013, the Executive Committee of the Judicial Conference of the United States adopted emergency measures to save the Defender programs from the severe impacts of sequestration. Unfortunately, those measures required the deferral of CJA payments for up to four weeks, and the temporary reduction of $15 per hour of the CJA panel rate. This rate cut to CJA counsel undermines a rate that was secured after years of effort, and poses a real threat to the ability of private counsel to continue their vital service to the Court by providing indigent defense.

  • November 19, 2013
    Guest Post
    by Jo-Ann Wallace, President and CEO, National Legal Aid and Defender Association
     
    Fifty years ago, a unanimous Supreme Court held in Gideon v. Wainwright that “in our adversary system of criminal justice, 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 holding was described in the opinion to be “an obvious truth,” a recognition that Gideon’s clear and powerful proclamation – protecting the fundamental human right to liberty – is one that resonates with us all.
     
    But the mandate was not self-executing, and far too little planning or coordination was undertaken to translate the legal pronouncement into consistent practice. The fundamental constitutional right of the Sixth Amendment was left to fall victim to the inertia of the “machinery of criminal justice” – a counterweight poignantly exposed in Gideon -- and the political realities of each state and county. The failure to act on a federal level has reversed the tides of history to the very problem Gideon attempted to correct. That is: local political entities cannot be solely relied upon to ensure the constitutional right to counsel is properly structured and funded. As a result, the Attorney General declared on the anniversary of the Gideon decision: “It’s time to reclaim Gideon’s petition – and resolve to confront the obstacles facing indigent defense providers.”
     
    The criminal justice system is an eco-system in which the component parts are inextricably intertwined. If police officers arrest more individuals, prosecutors have more cases to process and public defense organizations have more people for whom to provide legal representation. However, while other system actors have mechanisms to prioritize cases or to exercise discretion over which cases to pursue, the Constitution affords public defenders no such “release valve” for controlling workload. This reality exacerbates funding inequities that exist at the state and local levels.