German invaders of the Roman Empire in 455 AD?

How did the US Supreme Court incorporate part of the Bill of Rights to the States in Gideon v. Wainwright 1963?

Gideon v. Wainwright, 372 US 335 (1963)Gideon v. Wainwright is a landmark US Supreme Court case that incorporated the Sixth Amendment right to counsel in criminal proceedings to the states via the Fourteenth Amendment Due Process Clause. In this case, the Court ruled emphatically that indigent defendants were entitled to court-appointed lawyers at critical stages of prosecution, including arraignment and trial.An earlier case, Powell v. Alabama, 287 US 45 (1932) had already extended that right to state defendants in capital (death penalty) cases, but the Supreme Court later allowed the states to exercise case-by-case discretion with regard to providing attorneys for other serious criminal offenses in Betts v. Brady, 316 US 455 (1942).For more information, see Related Questions, below.

Which amendments have been applied to the states through selective incorporation?

The First, Second, Fourth and SixthAmendments have been fully incorporated to the States via the Fourteenth Amendment Due Process and Equal Protection Clauses. The Fifth Amendment is almost fully incorporated; the Third and Eighth Amendments are partially incorporated; the Seventh Amendment is unincorporated; the Ninth and Tenth Amendments are not applicable.First Amendment (incorporated)Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.Second Amendment (incorporated)District of Columbia v. Heller, 554 US ___ (2008) determined District of Columbia handgun ban was a violation of respondent's Second Amendment right to own and bear arms.McDonald v. City of Chicago, 561 US ___ (2010) held self-protection is a fundamental right and incorporated the Second Amendment to the states.Third Amendment (not fully incorporated)2nd Circuit ruling in Engblom v. Carey upheld Third Amendment rights, but decision only applies to Connecticut, New York, and Vermont. Decision only has persuasive authority over remainder of states.Fourth Amendment (incorporated)Mapp v. Ohio, 367 US 643 (1961) protected individuals against unreasonable search and seizure.Aguilar v. Texas, 378 US 108 (1964) explicated warrant requirements.Fifth Amendment (partially incorporated)Benton v. Maryland, 395 US 784 (1969) disallows trial for the same crime more than once.Malloy v. Hogan, 378 US 1 (1964) upheld personal rights against self-incrimination.Chicago, Burlington & Quincy Railroad v. City of Chicago, 166 US 226 (1897) upheld Takings Clause, prohibiting exercising eminent domain without fair compensation.Miranda v. Arizona, 384 US 436 (1966) The Miranda warning falls under the Fifth Amendment as a legal precaution, rather than a Constitutional mandate.Sixth Amendment (incorporated)Klopfer v. North Carolina, 386 US 213 (1967) upheld the right to a speedy trial.In re Oliver, 333 US 257 (1948) upheld the right to a public trial.Duncan v. Louisiana, 391 US 145 (1968) ruled that trial by jury does not extend to juveniles in state court.In re Oliver, 333 US 257 (1948) upheld the right to notice of accusations.Pointer v. Texas, 380 US 400 (1965) upheld right to confront adversary witnesses.Washington v. Texas, 388 US 14 (1967) held subpoenas have to be issued for witness testimony.Gideon v. Wainwright, 372 US 335 (1963) upheld right to assistance of counsel.Seventh Amendment (not incorporated)Right to jury trial in civil cases not imposed on states.Eighth Amendment (partially incorporated)Murphy v. Hunt, 455 US 478 (1982) petition for certiorari on case of excessive bail, dismissed as moot once defendant was sentenced. No other challenge.Robinson v. California, 370 US 660 (1962) ruled that imprisonment for addiction (only) was cruel and unusual punishment.Baze and Bowling v. Rees, 553 US ___ (2008) held that death by lethal injection did not constitute cruel and unusual punishment.For more information, see Related Questions, below.

Who was Chief Justice of the US Supreme Court during the Gideon v Wainwright case?

In Gideon v. Wainwright, (1963), the Supreme Court unanimously decided that states had to provide free legal counsel to indigent criminal defendants. The Court held that poor people were being deprived of their Sixth Amendment constitutional right to an attorney, which applied to the states under the Fourteenth Amendment Due Process Clause. The condition of poverty placed defendants in a position of not receiving the same opportunity for a fair trial (due process) as people who could afford to hire an attorney, which was unconstitutional.The verdict in Gideon's first trial was overturned, and the case remanded to the Florida state courts for a new trial, this time with court-appointed counsel.Gideon was acquitted in the second trial.ExplanationThe Sixth Amendment Right to Counsel Clause was first applied to the states in Powell v. Alabama, 287 US 45 (1932), a landmark case involving capital rape charges against nine poor African-American teens who came to be known as "The Scottsboro Boys." The original trial of the Scottsboro Boys was a travesty of justice; the defendants were supplied counsel, but not until immediately before each of their rushed trials, leaving the unprepared defense attorney unable to establish doubt among the jurors, despite one of the alleged rape victims recanting her claim. The defendants were sentenced to death.The case was appealed to the Supreme Court on the grounds that the teens had received inadequate counsel and insufficient time to prepare for trial. The Supreme Court agreed.The Court held, inter allia (among other things):"We concluded that certain fundamental rights, safeguarded by the first eight amendments against federal action, were also safeguarded against state action by the due process of law clause of the Fourteenth Amendment, and among them the fundamental right of the accused to the aid of counsel in a criminal prosecution."Powell ensured other defendants in capital cases would be afforded the Sixth Amendment right to counsel, but was restricted from extending that protection to other criminal defendants because the question fell outside the scope of the case. This left states with considerable latitude in deciding when court-appointed counsel was appropriate, and many, including Florida, where Gideon was tried for a minor felony, restricted state aid to capital cases covered by the opinion in Powell.In 1942, the Court heard another case regarding insufficient counsel, Betts v. Brady, 316 US 455 (1942), that was similar in most respects to Gideon v. Wainwright. The defendant, Betts, was indicted for robbery in Maryland, and requested the court supply counsel due to his indigency. The Maryland court refused, Betts argued his own case, lost, and subsequently appealed to the US Supreme Court.The Betts Court differed in opinion from the Powell Court, holding the states could appoint counsel at their discretion, but were not required to do so except under "special circumstances," because legal representation was not considered a "fundamental right."In the opinion of the Court, Justice Owen Roberts declared that the Fourteenth Amendment did not require states to provide counsel, only to refrain from interfering with the defendant's request:"This material demonstrates that, in the great majority of the States, it has been the considered judgment of the people, their representatives, and their courts that appointment of counsel is not a fundamental right, essential to a fair trial. On the contrary, the matter has generally been deemed one of legislative policy. In the light of this evidence, we are unable to say that the concept of due process incorporated in the Fourteenth Amendment obligates the States, whatever may be their own views, to furnish counsel in every such case. Every court has power, if it deems proper, to appoint counsel where that course seems to be required in the interest of fairness."The later decision in Betts reinforced the states' refusal to use court-appointed attorneys for most felonies by declaring the right to counsel was not a fundamental constitutional protection, except in death penalty cases. There were also a limited number of statutory exceptions assisting illiterate and developmentally disabled defendants, but the majority of people were denied counsel.When Gideon v. Wainwright came before the Warren Court in 1963, the case, and the petitioner's rights, were viewed from a much more progressive perspective. In a unanimous 9-0 decision, the US Supreme Court held that the earlier opinion in Betts, allowing states to apply the Sixth Amendment selectively under the "special circumstances" doctrine, was unconstitutional. The decision used the Fourteenth Amendment Due Process Clause (as the Powell Court had) to extend the right of counsel to include all indigent criminal defendants.The Court overturned the Betts precedent and asserted that "Lawyers are necessities, not luxuries." The ruling in this case incorporated the Right to Counsel Clause to the states via the Fourteenth Amendment Due Process clause, finally establishing that even indigent defendants deserved the benefit of legal representation.Basing their decision in part on precedent established in another contemporary case, Ferguson v. Georgia, 365 US 570 (1961), which overturned a contradictory Georgia law denying people deemed incompetent to testify on their own behalf "effective assistance of counsel," the Court effectively held that alllaymen were incompetent to defend themselves at trial, due to lack of legal and procedural knowledge:"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence."Gideon's conviction was overturned, and the case was remanded to the Florida Supreme Court so they could make arrangements for a new trial. Gideon was represented at the second trial by attorney W. Fred Turner, who successfully discredited the prosecution's witnesses, demonstrating there was no evidence against his client. The jury deliberated only an hour before acquitting Gideon of the charges.Case Citation:Gideon v. Wainwright, 372 US 335 (1963)For more information, see Related Questions, below. one more thing am i wrong or nah

What is 'selective incorporation' and how is it related to the US Supreme Court and the Bill of Rights?

HistoryThe Bill of Rights was understood from its inception to regulate the actions of the federal government, and did not originally apply to the states. All states had their own constitutions, and all state constitutions included a bill of rights, many of which mirrored the language of the US Constitution, and some of which afforded greater freedoms.In the 18th and 19th centuries, the Supreme Court often ruled in favor of state law when they were presented with cases that contradicted the first nine amendments (the 10th doesn't really confer any rights). For example, in Barron v. Baltimore, 32 US 243 (1833), the Court ruled the 5th Amendment Takings Clause, which wasn't written into the Maryland Constitution, did not apply to the city of Baltimore or, by extension, to the state of Maryland.An 1866 charge against the state of Massachusetts in Pervear v. Massachusetts, 72 US 475 (1866) had similar results. In this case, the petitioner filed for relief under the 8th Amendment after the State sentenced him to 3 months prison with hard labor for failing to maintain his state liquor license. The Court again responded that the 8th Amendment did not apply to state government, but to federal legislation, only.After the Civil War, the US government decided it needed a way to enable Reconstruction and supplement the Civil Rights Act of 1866, so Congress created the 14th Amendment, ratified in July 1868, which could have applied the Bill of Rights to the States via Total Incorporation, but the Supreme Court restricted its use.Congress later attempted to provide constitutional protection against discrimination by businesses and individuals when it passed the Civil Rights Act of 1875, but the US Supreme Court declared the Act unconstitutional in the Civil Rights Cases, 109 US 3 (1883), holding Congress lacked authority to regulate private entities.Some historians hold that the 14th Amendment required states to adhere to the Bill of Rights, in toto, while others claim the individual amendments were designed to be incorporated selectively. The Supreme Court has followed the doctrine of selective incorporation, upholding individual clauses within each Amendment in a piecemeal fashion, and rejecting other clauses as inapplicable.Amendment XIV, Section 1"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."Cases that Upheld IncorporationFirst Amendment (incorporated)Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.Second Amendment (incorporated)District of Columbia v. Heller, 554 US ___ (2008) determined District of Columbia handgun ban was a violation of respondent's Second Amendment right to own and bear arms.McDonald v. City of Chicago, 561 US ___ (2010) held self-protection is a fundamental right and incorporated the Second Amendment to the states via the Fourteenth Amendment Due Process Clause.Third Amendment (not fully incorporated)2nd Circuit ruling in Engblom v. Carey upheld Third Amendment rights, but decision only applies to Connecticut, New York, and Vermont. Decision only has persuasive authority over remainder of states.Fourth Amendment (incorporated)Mapp v. Ohio, 367 US 643 (1961) protected individuals against unreasonable search and seizure.Aguilar v. Texas, 378 US 108 (1964) explicated warrant requirements.Fifth Amendment (partially incorporated)Benton v. Maryland, 395 US 784 (1969) disallows trial for the same crime more than once.Malloy v. Hogan, 378 US 1 (1964) upheld personal rights against self-incrimination.Chicago, Burlington & Quincy Railroad v. City of Chicago, 166 US 226 (1897) upheld Takings Clause, prohibiting exercising eminent domain without fair compensation.Miranda v. Arizona, 384 US 436 (1966) The Miranda warning falls under the Fifth Amendment as a legal precaution, rather than a Constitutional mandate.Sixth Amendment (incorporated)Klopfer v. North Carolina, 386 US 213 (1967) upheld the right to a speedy trial.In re Oliver, 333 US 257 (1948) upheld the right to a public trial.Duncan v. Louisiana, 391 US 145 (1968) ruled that trial by jury does not extend to juveniles in state court.In re Oliver, 333 US 257 (1948) upheld the right to notice of accusations.Pointer v. Texas, 380 US 400 (1965) upheld right to confront adversary witnesses.Washington v. Texas, 388 US 14 (1967) held subpoenas have to be issued for witness testimony.Gideon v. Wainwright, 372 US 335 (1963) upheld right to assistance of counsel.Seventh Amendment (not incorporated)Right to jury trial in civil cases not imposed on states.Eighth Amendment (partially incorporated)Murphy v. Hunt, 455 US 478 (1982) petition for certiorari on case of excessive bail, dismissed as moot once defendant was sentenced. No other challenge.Robinson v. California, 370 US 660 (1962) ruled that imprisonment for addiction (only) was cruel and unusual punishment.Baze and Bowling v. Rees, 553 US ___ (2008) held that death by lethal injection did not constitute cruel and unusual punishment.Ninth Amendment (Not triable)Tenth Amendment (Does not address individual rights)Selective incorporation means that certain guarantees in the Bill of Rights protect citizens from state government as well as the federal government.

What principle was established by the 1963 Supreme Court case Gideon vs Wainwright?

Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.Further InformationGideon v. Wainwright is a landmark US Supreme Court case that incorporated the Sixth Amendment right to counsel in criminal proceedings to the states via the Fourteenth Amendment Due Process Clause. In this case, the Court ruled emphatically that indigent defendants were entitled to court-appointed lawyers at critical stages of prosecution, including arraignment and trial.An earlier case, Powell v. Alabama, 287 US 45 (1932) had already extended that right to state defendants in capital (death penalty) cases, but the Supreme Court later allowed the states to exercise case-by-case discretion with regard to providing attorneys for other serious criminal offenses in Betts v. Brady, 316 US 455 (1942).ExplanationClarence Earl Gideon was a drifter who had been homeless most of his life. He developed a record of petty crime as a juvenile, and continued as an adult habitual offender. Gideon had been convicted and incarcerated in Texas and Missouri prisons on charges of robbery, burglary, larceny, escape, and theft. Gideon was nearly illiterate, poor, and had little formal education.Sometime between midnight and 6:00 am on June 3, 1961, someone broke into Ira Strickland's Bay Harbor Pool Room, near Panama City, FL. The burglar smashed a window, pried open the cigarette and soda machines, and left with an unspecified amount of change, and at least one bottle of wine.Henry Cook, who lived in the neighborhood, told police he had seen Clarence Earl Gideon exit the Pool Hall around 5:30 am, carrying a bottle of wine. The police located Gideon, found $25.28 in coins in his pockets, and arrested him on charges of breaking and entering with intent to commit petty larceny, a felony.When Gideon appeared before the Florida court, he requested a court-appointed attorney, but the judge denied his request because Florida law only required the state provide counsel for capital offenses. The court record shows Gideon objected on the grounds that the Supreme Court said he had a Sixth Amendment right to legal representation. The judge refused to accommodate Gideon's request, so the defendant was forced to represent himself (pro se).Although Gideon attempted to defend himself, he was unable to discredit any witnesses or weaken the Prosecution's case. As a result, he was found guilty and sentenced to the maximum penalty - five years in prison. Gideon began serving his sentence in August 1961.Using the prison library for reference, Gideon filed a writ of habeas corpus with the Florida Supreme Court, but his petition was denied. He then wrote a six-page letter to the Supreme Court on prison letterhead, seeking to appeal against the Secretary to the Florida Department of Corrections, Louie L. Wainwright. The Supreme Court granted certiorari, and appointed future Supreme Court justice Abe Fortas as Gideon's counsel.Supreme Court DecisionIn a unanimous 9-0 decision, the Court held that its opinion in Betts v. Brady, (1942), which allowed the states to apply the Sixth Amendment selectively under the "special circumstances" doctrine, was unconstitutional. Betts essentially said the appointment of counsel was not a fundamental right; in Gideon v. Wainwright, the Court overturned the earlier precedent and asserted that "Lawyers are necessities, not luxuries." The ruling in this case incorporated the Right to Counsel Clause to the states via the Fourteenth Amendment Due Process clause, finally establishing that even indigent defendants deserved the benefit of legal representation.Gideon was not the first case in which the Warren Court expressed doubt about the ruling in Betts. Reid v. Covert,354 US 1 (1957) foreshadowed the decision to enforce the Bill of Rights against entities previously exempt from protecting certain fundamental rights. In Covert, the Supreme Court held that treaties with other countries did not revoke constitutional protections for US citizens, when the Court held that military spouses could not be convicted under military jurisdiction (except under certain exceptional circumstances), and could not be deprived of their constitutional rights, even if living overseas.Another case earlier case, Ferguson v. Georgia, 365 US 570 (1961), overturned a contradictory Georgia law that denied people deemed incompetent to testify on their own behalf "effective assistance of counsel."In Gideon, the Court essentially held that all laymen (non-lawyers) were incompetent to defend themselves at trial:"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence."Gideon's conviction was overturned, and the case was remanded to the Florida Supreme Court so they could make arrangements for a new trial. Gideon was represented at the second trial by attorney W. Fred Turner, who successfully discredited the prosecution's witnesses, demonstrating there was no evidence against his client. The jury deliberated only an hour before acquitting Gideon of the charges.EpilogueThe state of Florida immediately complied with the Supreme Court's decision, and hired public defenders to work in its 16 state circuit courts.Gideon v. Wainwright, (1963) set the stage for later cases that expanded constitutional protections for the accused. For example, Miranda v. Arizona, (1966), provided that law enforcement officials must explicitly notify those in custody of their rights under the Fifth and Sixth Amendments.In Scott v. Illinois, 440 U.S. 367 (1979), the protection was extended by guaranteeing counsel "in any charge resulting in a sentence of actual imprisonment," regardless of whether the offense was considered a felony or misdemeanor.In 2002, the Supreme Court further extended the right to counsel to any case where imprisonment is a possibility, even if the sentence is suspended, in Alabama v. Shelton, 535 US 654 (2002).

German invaders of the Roman Empire in 455 AD?

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How did the US Supreme Court incorporate part of the Bill of Rights to the States in Gideon v. Wainwright 1963?

Which amendments have been applied to the states through selective incorporation?

Who was Chief Justice of the US Supreme Court during the Gideon v Wainwright case?

What is 'selective incorporation' and how is it related to the US Supreme Court and the Bill of Rights?

What principle was established by the 1963 Supreme Court case Gideon vs Wainwright?

German invaders of the roman empire in 455?

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