Supreme Court Expands the Right to Counsel

The Supreme Court Expands the Right to Counsel

It has long been recognized that defendants in criminal prosecutions have the right to legal assistance. Not until Gideon v. Wainwright, however, did the Supreme Court state that this right extended to indigent defendants, who must be provided with an attorney at the government's expense. Prior to the Gideon decision on March 18, 1963, criminal defendants were expected to hire their own attorney regardless of whether they had the economic means to do so.

There were some exceptions to this rule, such as in murder cases, but for the most part the Supreme Court had not extended any special privileges to defendants who were too poor to hire their own attorney. The Gideon case, which arose during the tenure of Supreme Court justice Earl Warren, caused the Court to reconsider its previous stance and expand the right to counsel.

Clarence Earl Gideon was a middle-aged drifter who worked part-time in a pool room in Panama City, Florida. When the poolroom was burglarized, the evidence pointed toward Gideon, who was arrested and prosecuted. He was too poor to hire an attorney, and the state successfully secured a conviction. He was sentenced to five years imprisonment after a trial that lasted just one day. While in prison, Gideon became a jailhouse lawyer, writing his own petitions despite a lack of formal education in an attempt to fight his conviction. After a lengthy procedural process through the Florida state courts, Gideon's handwritten pleas eventually reached the United States Supreme Court in Washington, D.C.

To Gideon's credit, his petition was sufficiently well -written, and intriguing in its insistence that all felony defendants are entitled to appointed counsel if they cannot afford one, that the Supreme Court decided to hear his case. As his counsel, Gideon was given Abe Fortas, one of the country's most distinguished attorneys. The Court held that Gideon's position was correct, since an impoverished defendant who was forced to mount a defense without an attorney would not recover a fair trial as guaranteed by the Constitution.

Having thus established a landmark precedent, Gideon was given a retrial in Florida. Now defended by an attorney, he was acquitted of the poolroom burglary.