U5 Gideon v. Wainwright (1963)

Question 1

What are the facts of the case?

Answer 1

Gideon was tried in Florida court without an attorney for petty theft. He filed a request for for an attorney, but it was denied by Florida Department Corrections Secretary (Wainwright) because Florida state law says lawyer would only be provided for Capitol punishments or under special circumstances. Gideon applied for appeal/circuit court to see his case. His new attorney argued the 6th amendment’s right to counsel incorporated the Due Process Clause.

Question 2

What is the Question/Issue of the case?

Answer 2

Does the 6th Amendment extend to defendants in state courts without special circumstances via Due Process Clause?

Question 3

What was the Supreme Court Decision?

Answer 3

Unanimous in favor of Gideon.
The 6th Amendments right to a counsel is essential for fair trial and must be applied to States via Due Process Clause.

Question 4

What is the Significance of the Case?

Answer 4

Incorporated right to counsel/lawyer to state courts via Due Process Clause.

Question 5

What is the Constitutional Clause involved?

Answer 5

Due Process Clause

Question 6

Is this case an example of Judicial Activism or Restraint?

Answer 6

Judicial Activism