Arrested on this day in 1961 in Panama City Florida on suspicion of a committing a burglary at pool hall based on the testimony of a single witness who claimed to have seen the unemployed drifter at the scene of the crime that morning, Clarence Earl Gideon falsely charged with petty larceny and breaking and entering appeared in court alone for his trial, unable to afford a defence lawyer, and had to represent himself, the laws of the state only requiring counsel to be proved in cases of capital offences. Gideon correctly countered the judge citing the US constitution’s VI. and XIV. amendments but could not persuade him otherwise and was forced to stand up himself to the authorities bringing the charges and was ultimately remanded to five years in prison for a crime he did not commit. During his incarceration, Gideon researched the law in the jail’s library and on prison stationary (a handwritten petition for a writ of certiorari) requested review by the state supreme court, which rejected it and was subsequently appealed to the nation’s high court, bringing suit against the then incumbent secretary of the Florida depart of corrections, Louie L Wainwright, for violation of his constitutional rights. The Supreme Court issued its landmark decision two years later, assigning Gideon prominent Washington, DC attorney and future associate justice Abe Fortas of the firm Arnold, Fortas & Porter to argue his case pro bono, ruling that selective application of this entitlement, weighted factors like the complexity of the charges, illiteracy or low intelligence of the defendant were irrelevant (Gideon himself certainly lawyered up despite leaving school after eighth grade) and counsel for those who could not afford it was guaranteed in all proceedings to navigate the rules of evidence and admissibility. The decision informed the US public defender system for the indigent for help ensure fair trials and over two thousand incarcerated inmates in Florida were released in 1963, mistrials declared and found that their right to due process had been violated. Gideon himself opted to have his name exonerated with a speedy retrial, acquitted by a jury in less than an hour. Part of a series of court decisions that confirmed the rights of defendants at trial, the ruling was extended to police interrogation with Miranda v Arizona, this anniversary seems especially resonant now with unheard of retributive attacks on law firms and individual lawyers, which is placing a chilling effect on pro bono work and legal aid for those up against those virtually unchallenged and untouchable.
synchronoptica
one year ago: assorted links worth revisiting (with synchronoptica) plus candidate Bill Clinton on a late night talk show (1992)
seven years ago: a visit to Kloster Veรra, ultimate Monopoly, Andy Warhol shot (1968) plus the revival of an ancient Sumerian religion
eight years ago: a four-dimensional toy box, a cove of abandoned ships, political gaslighting plus Trump rallies against Pride month
nine years ago: tensions between Germany and Tรผrkiye
ten years ago: more links to enjoy