Yes. Gideon v. Wainwright, (1963) specifically prescribed that the states had to provide free counsel to indigent criminal defendants facing the possibility of jail time. In the opinion of the court, Justice Black wrote: "in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him."
The key to this is "criminal defendants" (who are facing jail time); it doesn't apply to defendants/respondents in civil cases.
For more information, see Related Questions, below.
Yes. This is mostly under the Fourteenth and Sixth Amendments.
Yes, but only in CRIMINAL cases.
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Gideon V. Wainwright (A+, Civics)
Gideon claimed he had been imprisoned unjustly because he could not afford to hire an attorney to argue his defense
No. Gideon v. Wainwright, 372 US 335 (1963) dealt with the right of criminal defendants to the Sixth Amendment protection of legal counsel, even if the defendant was indigent and couldn't afford an attorney.
Gideon vs. Wainwright is a US Supreme Court Case from 1963. The vote was unanimous. This court case decided under the fourth amendment, state courts are required to provide an attorney in criminal cases when the defendant cannot afford one.
Gideon v. Wainwright
Gideon v. Wainwright-NovaNET
Gideon v. Wainwright, 372 U.S. 335 (1963)
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.
Gideon v. Wainwright, 372 US 335 (1963)The 6th amendment right to counsel. Through 14th due process, 6th amendment was applied to the states. Mr. Gideon was accused of stealing items from a pool hall, was arrested, and went to trial (as indigent-no money to hire an attorney). He asked for an attorney, the judge said no, citing earlier cases. Gideon was convicted and appealed. The Supreme Court said that if there is a chance you could go to jail, then you should be provided an attorney if you cannot afford one. Before an attorney was supplied only if it was a capital case.For more information, see Related Questions, below.
The 6th amendment of the United States Constitution provides Americans the right to have a lawyer present if you have been charged with a crime. It has more recently been determined that if you cannot afford a lawyer, a court appointed lawyer will be provided.
Gideon v. wainwright
a court-appointed attorney if they could not afford one. This ruling established the right to counsel for indigent defendants and extended the protections of the Sixth Amendment to state proceedings.