Friday, October 4, 2019
Gideon v. Wainwright Assignment Example | Topics and Well Written Essays - 250 words
Gideon v. Wainwright - Assignment Example This holding was informed by the rationale that it is common sense that lawyers form an integral part in the due process as they ensure that defendants get fair trial, which is not only criminal justice systemââ¬â¢s objective but also constitutional requirement. The holding was also informed by the following precedents: Powell v Alabama; Smith v Oââ¬â¢Grady, and Grosjean v American Press Co (Perry 46). The 14th Amendment imposes the obligation upon the States to appoint counsel for poor defendants. Since the defendants constitutional rights should be upheld at all times, defendants should have the right to have assistance of counsel for their defense. The 14th Amendment is very categorical that no State shall enforce any law which shall violate the immunities of the United Statesââ¬â¢ citizens; nor deny any person within their specific jurisdiction the equal protection as required by the law (Perry 11). Therefore, Gideon should have been entitled to defense counsel in the trial
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.