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Receive a presentation from the Office of the Public Defender on the 50th Anniversary of the Gideon v. Wainright decision
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Published Notice Required? Yes _____ No __X___
Public Hearing Required? Yes _____ No __X___
DEPARTMENTAL RECOMMENDATION:
It is recommended that the Board of Supervisors receive a presentation by the Office of the Public Defender on the 50th Anniversary of the United States Supreme Court decision; Gideon v. Wainright confirming the right of indigent defendants to free counsel.
SUMMARY/DISCUSSION:
Fifty years ago, on March 18, 1963 the United States Supreme Court ruled that anyone too poor to hire a lawyer must be provided court appointed counsel free of charge in any criminal case involving a felony charge. The holding in Gideon v. Wainwright enlarged the Constitution’s safeguards of liberty and equality, finding the right to counsel “fundamental”. The goal was “fair trials before impartial tribunals in which every defendant stands equal before the law.”
This principle has been expanded by the US Supreme Court to cover misdemeanor cases, appeals, juvenile delinquency and then California further expanded the right to other cases involving the potential deprivation of substantial rights.
In 1961 Clarence Gideon was accused of robbing a local pool hall, a felony in the state of Florida. At trial, Gideon, who was indigent, asked the court to appoint counsel for his defense. Under Florida law, counsel was only provided by the state in capital cases, and Gideon’s request was denied. Gideon was forced to represent himself, and he was found guilty by a jury and sentenced to five years in prison.
Gideon appealed his denial of counsel all the way up to the United States Supreme Court, writing each appeal himself by hand from his jail cell. A clerk in the Court came across the hand written petition and the United States Supreme Court agreed to hear the case and appointed future Supreme Court Justice Abe Fortas t...
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