Overview
In Gideon v. Wainwright (1963) the Supreme Court unanimously held that the Sixth Amendment right to counsel applies to the states through the Fourteenth Amendment, so states must appoint lawyers for indigent felony defendants. Justice Hugo Black wrote the opinion.
- Citation
- 372 U.S. 335 (1963), 9–0
- Issue
- Counsel for indigent defendants
- Basis
- Sixth + Fourteenth Amendments
- Overruled
- Betts v. Brady (1942)
Facts
In 1961 Clarence Earl Gideon was charged in Florida with breaking into a pool hall. Florida appointed counsel only in capital cases, so his request was denied. Representing himself, he was convicted and sentenced to five years, then mailed a handwritten petition to the Supreme Court.
Holding
The Court overruled Betts v. Brady, which required counsel only under special circumstances. Black wrote that a poor person "cannot be assured a fair trial unless counsel is provided for him."
The case began with a prisoner’s pencil. At retrial with a lawyer, Gideon was acquitted. Same man, same evidence; the difference was counsel.
Aftermath
| Case | Holding | |
|---|---|---|
| Argersinger v. Hamlin (1972) | Extended to misdemeanors resulting in imprisonment | |
| 미란다 대 애리조나 판결 | Miranda (1966) | Counsel warnings in interrogation |
| Strickland v. Washington (1984) | Standard for effective assistance |
Public defender systems expanded, though caseloads and funding remain problems. Anthony Lewis’s *Gideon’s Trumpet* (1964) told the story.
Korea and Japan
Korea’s Constitution (art. 12(4)) and Code of Criminal Procedure (art. 33) provide state-appointed counsel; Japan’s Constitution art. 37(3) guarantees appointed counsel for defendants, extended to suspects in 2006.
Frequently asked questions
- What is the core holding?
- Indigent felony defendants in state courts have a constitutional right to appointed counsel.
- What happened to Gideon?
- He was acquitted at his 1963 retrial.
- Does it cover misdemeanors?
- Argersinger (1972) extended it to cases resulting in imprisonment.
References
- Gideon v. Wainwright, 372 U.S. 335 (1963).
- Betts v. Brady, 316 U.S. 455 (1942).
- Argersinger v. Hamlin, 407 U.S. 25 (1972).
- Lewis, A. (1964). Gideon’s trumpet. New York: Random House.