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Before Gideon, the Court had decided on a case-by-case basis whether or not to provide a lawyer in representation, except in the case of capital offenses (per Betts v. Brady,(1942)).

The unanimous decision in Gideon was that by choosing not to provide any such representation, the Court was effectively violating the Sixth Amendment right to counsel. He had therefore been unjustly convicted. Following this and because the requirement in the Constitution did not explicitly define whether it only applied to capital cases (as was the customarily-held opinion at the time), from that point onward counsel had to be provided for every indigent defendant accused of a felony.

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).

As a result of the Gideon decision, all state courts have a staff of attorneys known as public defenders who provide counsel for indigent defendants in criminal cases. In some parts of the country, trial court judges appoint private attorneys to represent poor defendants, and the government pays any fees. Some areas combine these two systems because they don't have enough staff to handle their caseload.

Case Citation:

Gideon v. Wainwright, 372 US 335 (1963)

For more information, see Related Questions, below.

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Related Questions

What was a social impact of the gideon v wainwright case?

In Gideon v. Wainwright, the Supreme Court ruled that if a defendant cannot afford a lawyer, one must be provided to him or her regardless of the defendant's ability to pay or the importance of the charges.


Who is Gideon V Wainwright?

He is a correction director


Which decision by the warren court determined that state must provide a lawyer to a person accused of a crime who cannot afford one?

Gideon v. Wainwright, 372 U.S. 335 (1963)


What is the citation for Gideon v. Wainwright?

Gideon v. Wainwright, 372 US 335 (1963)The case was originally called Gideon v. Cochran, but Louie L. Wainwright succeeded Cochran as Secretary to the Florida Department of Corrections before the case was heard in the US Supreme Court.


What decision by warren court determined that the state must provide a lawyer to a person accused of a crime who cannot afford one?

Gideon v. Wainwright


What was the reasoning behind the gideon v. wainwright decisio?

Florida


Who wrote the majority opinion in Gideon v. Wainwright?

Gideon v. Wainwright, 372 US 335 (1963)Justice Hugo Black delivered the opinion of the Court.For more information, see Related Questions, below.


Which court case states that everyone is entitled to an attorney if they cannot afford?

Gideon V. Wainwright (A+, Civics)


What group benefited from Gideon v Wainwright?

The Supreme Court case Gideon v. Wainwright, 372 US 335 (1963) ensured indigent criminal defendants had access to a court-appoint attorney.


What is the right to an attorney?

Read Gideon v. Wainwright, 372 U.S. 335 (1963).


What supreme court decisions expand the protections of assistance of counsel?

Gideon v Wainwright


What was the outcome of Gideon v Wainwright?

The outcome of Gideon v. Wainwright was a unanimous Supreme Court vote. They voted in favor of upholding the Sixth Amendment in state courts that they must provide counsel for those in criminal trials that cannot get their own lawyers.