Question
1. What do you see there that contradicts the actions of the Florida State Court in refusing to appoint an attorney to Mr. Gideon? The
1. What do you see there that contradicts the actions of the Florida State Court in refusing to appoint an attorney to Mr. Gideon?
The 6th amendment clearly states, the right to a speedy trial and a lawyer. Even though the defendant cannot afford a lawyer the court shall provide him with one.
2. Why is the Fourteenth Amendment necessary to Mr. Gideon's argument?
The 14th amendment is necessary with Mr. Gideon's argument because the state of Florida is trying to change a rule in the US constitution, by not providing a lawyer. As it states in the constitution "No state shall make or enforce any law which shall abridge the privileges or immunities of citizensof the United States" (14th amendment).
3. Why do you think this case went all the way to the U.S. Supreme Court?
4. Why would Gideon keep fighting?
5. What would motivate Florida to keep fighting?
6. The Court discusses Betts v. Brady, another U.S. Supreme Court case but from an earlier time (1942).
7. Why would the Court take up the issue of the right to counsel again, as it had earlier decided the issue?
8. What would possess the Court to overrule its earlier decision?
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