Focus on Freedom GIDEON v. WAINWRIGHT Clarence Culeun tous arrested and car a felony under Florida law. Too poor to afford a lawyer, he requestcell Mien the jud man Gulown conducted las own defense. bound states Suprema C " Court, arguing that loss rights under the Sixth land been violated Since 1942, when Bens v. Brady ablish machinery totrade ed by a divided Court, the proble i of crime. Lawyers endant's federal constitutional right to counsel ned essential to protect the a state court has been a continuing to troversy and litigation in both state and federal who ful to hire the courts y can get to prepare and present The facts upon which Betts claimed th co. that government hires lawyers to had been unconstitutionally denied : defendants who have the money have counsel appointed to assist him arc s delend are the strongest indica- like the facts upon which Gideon her widespread belief that lawyers in federal constitutional claim. is are necessities, not luxuries. The sideration we conclude that Beris v if one charged with crime to counsel may be overruled, I be deemed fundamental and essential in The fact is that in deciding as it dide- pantries, but it is in ours. appointment of counsel is not a fundamental JUSTICE HUGO BLACK right, essential to a fair trial"-the Court in Beer v. Brady made an abrupt break with its own well-considered precedents. In returning to Examining the Document these old precedents. . . we but restore constitu- tional principles established to achieve a fair sys tem of justice. Not only these precedents but led to do about the also reason and reflection require us to recog nize that in our adversary system of criminal just pol Jusucs Black offered that tice, any person haled into court, who is too not caunes, in court poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. This both state and federal, quite properly spend vast