Gideon’s Trumpet, which is based upon the actual case of Gideon v Wainwright. It is on
YouTube and it is in several segments. Please watch the entire movie. This is a
terrific dramatization of the development of case law.
Please prepare a written analysis of the
case, either through the movie or read the case itself. As you know it is about
the right to counsel.
1. What was the issue before the Judge in trial?
2.
What was his answer?
3.
Why could or when could Florida’s courts
assign counsel?
4. Why was federalism an issue in this case?
Please pay special attention to the
recreation of the case at the USSC and please review the analysis by the
Justices. One of the first comments from a Justice, played by the actor, Sam
Jaffe, was about whether or not a person could represent himself as well as a
lawyer could. The attorney for Gideon responds in an interesting way. He
asserts that the court is correct, and that a person cannot get a fair trial
without a lawyer.
5.
Do you agree?
6.
Is there a difference between quality of
presentation, the presence of a lawyer and the lack of due process?
7.
Please explain the appellate process and
how this case went from a small crime to a significant Supreme Court Decision.
8.
In looking at the second trial, what if
anything did you see admitted into evidence that was omitted in the first
trial?
9.
Which was correct in your opinion? Please
explain.
