Facts of Case

Clarence Gideon was accused of breaking and entering into a Florida pool-room and stealing. When Gideon’s case came to trial he could not afford to hire a lawyer, and he asked that the court supply him with one for free. The judge refused. Gideon did his best to conduct his own defense, but he was found guilty. While he was in prison, Gideon spent hours studying law books and wrote a writ asking the U.S. Supreme Court to review his case. He claimed his trail violated his rights promised in the 6^th and 14^th Amendments.

Constitutional Question

Is it a violation of the 6^th or 14^th Amendment to deny a poor person accused of a major crime the free assistance of a lawyer?

Arguments - Unconstitutional

The 6^th Amendment promises that "the accused shall enjoy the right…to have the Assistance of Counsel (a lawyer) for his defense." This was guaranteed for federal crimes and trials.

The 14^th Amendment promises that states will not deprive people of life, liberty, or property without due process of law. Gideon was incapable of defending himself adequately, therefore all people accused of a crime, must have a lawyer to argue their case.

Arguments - Constitutional

The Constitution is a federal document, it does not guarantee a lawyer to every person accused of petty crimes.

The expense to states would be crippling.

Would states have to free or re-try all people in prison who had not had an attorney at their trials?

Gideon received due process of law - he had a trial, that is all that is guaranteed by the Constitutuion - not an attorney paid for by the state.

Majority Decision

In a unanimous opinion written by Justice Hugo Black. The court ruled in Gideon’s favor.

The court argued that the "assistance of counsel" is necessary for a fair trial in any court - state or federal.

Dissenting Opinion (if any)