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''Gideon v. Wainwright'', , is a landmark case in United States Supreme Court history. In it, the Supreme Court unanimously ruled that states are required under the Fourteenth Amendment to the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by ruling that this right imposed those requirements upon the states as well. ==Facts and prior history== Between midnight and 8:00 a.m. on June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. An unknown person broke a door, smashed a cigarette machine and a record player, and stole money from a cash register. Later that day, a witness reported that he had seen Clarence Earl Gideon in the poolroom at around 5:30 that morning, leaving with a wine bottle and money in his pockets. Based on this accusation alone, the police arrested Gideon and charged him with breaking and entering with intent to commit petty larceny. Gideon appeared in court alone as he was too poor to afford counsel, whereupon the following conversation took place: :The COURT: Mr. Gideon, I am sorry, but I cannot appoint counsel to represent you in this case. Under the laws of the State of Florida, the only time the court can appoint counsel to represent a defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint counsel to defend you in this case. :GIDEON: The United States Supreme Court says I am entitled to be represented by counsel. The Florida court declined to appoint counsel for Gideon. As a result, he was forced to act as his own counsel and conduct his own defense in court, emphasizing his innocence in the case. At the conclusion of the trial the jury returned a guilty verdict. The court sentenced Gideon to serve five years in the state prison. From the prison cell at Florida State Prison, making use of the prison library and writing in pencil on prison stationery,〔(【引用サイトリンク】url=http://research.archives.gov/description/597554 )〕 Gideon appealed to the United States Supreme Court in a suit against the Secretary of the Florida Department of Corrections, H.G. Cochran. Cochran later retired and was replaced with Louie L. Wainwright before the case was heard by the Supreme Court. Gideon argued in his appeal that he had been denied counsel and, therefore, his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment, had been violated. The Supreme Court assigned Gideon a prominent Washington, D.C., attorney, future Supreme Court justice Abe Fortas of the law firm Arnold Fortas & Porter. Opposing, Bruce Jacob, who later became Dean of the Mercer University School of Law and Dean of Stetson University College of Law, argued the case for the State of Florida.〔 Fortas was assisted by longtime Arnold Fortas & Porter partner Abe Krash and famed legal scholar John Hart Ely, then a third-year student at Yale Law School. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Gideon v. Wainwright」の詳細全文を読む スポンサード リンク
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