Gideon Vs Wainwright Essay

Once the U.S. gained its independence in 1776, the founding fathers quickly focused their attention on what the states wanted and creating a federal constitution. The first ten amendments became an official part of the Constitution in December 1791. These amendments were written by James Madison because many states were complaining that the government had too much power. Madison decided to implement greater constitutional protection for individuals by limiting the government's power and restricting specific things. The freedoms guaranteed in the first, second, and sixth amendments limit the power of the government by giving certain unalienable rights to the citizens. The first amendment states that congress shall make no law respecting an …show more content…
Gideon v. Wainwright was a case in 1963 that dealt with the sixth amendment. Gideon was charged with breaking and entering with the intent to commit a misdemeanor, which is a felony under Florida law. The Supreme court ruled that any person forced into court has to be appointed counsel for a fair trial even if they are too poor to get a lawyer. Another case was Johnson v. Zerbst in 1938 in which the petitioner, Johnson, had been convicted in federal court of creating and selling counterfeit money in a trial where he had not been represented by an attorney but instead by himself. The Supreme Court held that under the Sixth Amendment, the federal courts have no jurisdiction to deprive an accused of his life or liberty unless he has the assistance of counsel or the trial court clearly determines that he has competently waived his right to counsel. These court cases limit the government by giving everyone a fair chance at court even if the person is a criminal or too poor for a

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Gideon Vs Wainwright Essay