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How the Court Address or Respect our Rights as Citizens Part 1
How the Court Address or Respect our Rights as Citizens Part 1
a. Summary of Case
Gideon vs. wainwright remains to be one of the most infamous
supreme court cases in Judicia history. This Supreme Court case
declared that defendants charged with a felony must be provided
with a court-appointed attorney by the States. Initially, the
Litigation was known as Gideon v. Cochran, but when it
reached the Supreme Court, the title changed to Gideon vs.
wainwright (Oyez, 2018). This happened due to the replacement
of the director of Florida's Division of Corrections from
Cochran to Louie Lee Wainwright.
The case commenced when Clarence Earl Gideon was in 1961
charged with a felony for purportedly burgling a Pool Hall in
Panama City, FL, and stole some money. Gideon was a poor
man, and during his first trial, he requested the Court to appoint
an attorney who would represent him. Gideons requests were
refuted despite not having the capacity to select a lawyer for
himself. The prosecutors had witnesses who had seen Gideon at
the crime scene. However, he had not been seen committing the
crime (Oyez, 2018). The court ruling sentenced Gideon to five
years imprisonment despite the lack of concrete evidence.
Gideon considered the detention as unjust and filed a petition to
the Florida Supreme court. His claims in the petition were that
he did not have an attorney general to defend him during the
trial, which made it unconstitutional.
Gideon's petition for a writ of habeas corpus from the Supreme
Court of Florida was accepted. The judicial system had denied
Gideon his 6th amendment rights. In 1963, the case was
reassessed, and the Supreme Court ruled out that the judgment
that had earlier been made to Gideon was unconstitutional
(Greenberg & Page, 2018). The Court ruled that all defendants
need to have the assistance of Counsel in their defense, and
Gideon was thus set free.
b. Case Outline
1. Title: Gideon vs. wainwright (1963)
2. Facts of the Case
Clarence Earl Gideon was an eighth-grade dropout who had run
away from home when he was in the middle class. He was a
drifter who spent most of his time in and out of prison. He was
charged with a lawful offense of breaking into a Pool room in
Florida (Oyez, 2018). He appeared in Court without legal
Counsel and requested the Court to appoint one for him. His
request was denied. Back then, a lawyer would only be given to
an indigent offender in capital cases. The defendant was forced
to represent himself in Court, where he was found guilty and
sentenced to five years in prison (Oyez, 2018). Clarence Earl
Gideon appealed his case again to the Supreme Court of the
United States. The case was reviewed and resolved.
3. History of the case
Clarence Earl Gideon was found guilty and was sentenced to
five years in prison (Oyez, 2018).
4. Legal Questions
The Court needed to determine whether Clarence Earl Gideon
was guilty or innocent. If found guilty, the Court would decide
the number of years that Gideon required to be imprisoned. The
Supreme Court of the United States had an excellent task of
determining whether Gideon's conviction was unconstitutional
or constitutional. Also, the Supreme Court had to determine
whether a poor accused defendant should be given Legal
Counsel to represent them in Court.
5. Decision or Holdings
The Supreme Court serves justice to the defendant by making
the final decision. In Gideon's case, the Supreme Court served
justice after being abused by the judicial system and denied his
6th amendment rights (Rappaport, 2017). The judicial system in
Florida had not done an adequate job in upholding the law,
which put the American man at considerable risk. From the
Supreme Court ruling, every poor person who cannot afford a
legal representative should be allocated one by the Court.
6. Verdict and Opinion
The Supreme Court heard the oral arguments for Gideon vs.
wainwright on January 15, 1963. Abe Fortas, the attorney of
Gideon, provided that no defendant, regardless of their
competence level, could or should give good self-representation
before the court (Greenberg & Page, 2018). After two months,
on March 18, 1938, Fortas' claim was accepted by the Supr eme
Court. The Supreme Court declared that state courts must
guarantee the right to counsel.
c. Conclusion
Gideon was convicted of committing a lawful burglary at the
Bay Harbor Pool Room in Panama City, Florida. He was a semi -
literate drifter who could not afford a lawyer at his trial in the
state court. He asked the judge to appoint a legal counsel for
him, but his request was declined. The judge asserted that the
state did not have to pay a lawyer for a poor defendant that did
not commit a capital crime. Gideon was left to represent
himself, where he was found guilty and sentenced to five years
imprisonment. Gideon acquired a legal representative who
argued that the judgment had been unconstitutional since
Gideon's 6th amendment rights had been violated by appealing
to the Supreme Court. The clear remains prominent in criminal
justice history as it made it clear that for all individuals who
cannot afford a lawyer, the Court should appoint legal counsel
to defend them in the case. This should be done in all cases and
not only the serious ones. The case showed that the rights of all
human beings should be respected and protected regardless of
their position in society.
References
Greenberg, E. S., & Page, B. I. (2018). Struggle for Democracy,
The. Www.pearson.com. https://www.pearson.com/us/higher-
education/product/Greenberg-Struggle-for-Democracy-The-
10th-Edition/9780205771295.html
Oyez. (2018). Gideon v. Wainwright. Oyez.
https://www.oyez.org/cases/1962/155
Rappaport, J. (2017). The Structural Function of the Sixth
Amendment Right to Counsel of Choice. The Supreme Court
Review, 2016(1), 117–156. https://doi.org/10.1086/691355
There are questions for a housing mortgage COUNSELOR Job
application
(OVERVIEW): The Counselor helps homebuyers overcome the
roadblocks that prevent them from qualifying for a mortgage
and purchasing a home. S/he ensures effective and timely
communication, explains requirements, requests necessary
documents, and determines readiness for homeownership and an
affordable mortgage payment for each Member. The Counselor
also works with the Member to address and improve their
financial management. Additional counseling is provided to
homeowners with an unaffordable mortgage through NACA’s
HomeSave program.
1. What does "economic justice" mean to you?*
2.
3. What do you think caused the housing crisis beginning in
2008?*
4. Do you think a mortgage should require a down payment?
Explain why.*
5. If you were given ten billion dollars to create your own
mortgage product, who would it be designed for and what would
the basic criteria be? For example, will there be limits for loan
to value, a minimum credit score, down payment, etc and what
would the limits be?*
6. Describe other criteria other than the credit score that you
would use to determine a homebuyer's readiness for
homeownership.*
7. What makes you a good fit for this position? Describe your
understanding of what this position entails, your qualifications,
experience and what motivated you to apply.*
8. How do you believe your current skills will contribute to the
accomplishment of NACA's mission and advocacy? In your
answer also include what is the most important aspect that
attracts you to NACA and why.*
9. Explain your counseling experience, the types of counseling,
and how your counseling experience relates to this position.
10. Explain a Housing Ratio and Debt Ratio.*
11. Describe your customer service skills and how you utilized
and developed them in your current and past employment.*
12. If you see a customer who comes into the office without an
appointment and all of the staff are busy except one who refuses
to see them, what would you do?*
13. Describe your writing, presentation and oral communication
skills, as well as your ability to synthesize and translate
complicated information into clear and compelling language.
Describe where you have used these that effectively
demonstrate these skills.*
14. Explain your experience and comfort level in making
presentations to large number of people.*
15. Describe your level of comfort with math, working with
numbers and performing data analysis. In your answer please
include any related experience and skills.*
16. In your prior work experience, did it require significant
computer skills? Explain your level of computer proficiency
including typing speed and accuracy.*
17. Describe your time management and organizational skills.
What are your time management techniques and how would you
apply them to meet production and customer service
requirements with a large pipeline of customers requiring
appointments, follow-up, returned phone calls, emails and
crucial deadlines? Provide examples of prior jobs where you
used or developed these skills.*
18. Since this position combines both counseling for low and
moderate income people, advocacy, and mortgage origination,
how would you accomplish these activities while closing a
significant number of loans?*
19. Describe your evaluation of your professional strengths and
any skills you would like to improve.
20. How would you evaluate your performance and what would
you consider successful performance?*

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12How the Court Address or Respect our Rights as

  • 1. 1 2 How the Court Address or Respect our Rights as Citizens Part 1 How the Court Address or Respect our Rights as Citizens Part 1 a. Summary of Case Gideon vs. wainwright remains to be one of the most infamous supreme court cases in Judicia history. This Supreme Court case declared that defendants charged with a felony must be provided with a court-appointed attorney by the States. Initially, the Litigation was known as Gideon v. Cochran, but when it reached the Supreme Court, the title changed to Gideon vs. wainwright (Oyez, 2018). This happened due to the replacement of the director of Florida's Division of Corrections from Cochran to Louie Lee Wainwright. The case commenced when Clarence Earl Gideon was in 1961 charged with a felony for purportedly burgling a Pool Hall in Panama City, FL, and stole some money. Gideon was a poor man, and during his first trial, he requested the Court to appoint an attorney who would represent him. Gideons requests were refuted despite not having the capacity to select a lawyer for himself. The prosecutors had witnesses who had seen Gideon at the crime scene. However, he had not been seen committing the crime (Oyez, 2018). The court ruling sentenced Gideon to five years imprisonment despite the lack of concrete evidence. Gideon considered the detention as unjust and filed a petition to
  • 2. the Florida Supreme court. His claims in the petition were that he did not have an attorney general to defend him during the trial, which made it unconstitutional. Gideon's petition for a writ of habeas corpus from the Supreme Court of Florida was accepted. The judicial system had denied Gideon his 6th amendment rights. In 1963, the case was reassessed, and the Supreme Court ruled out that the judgment that had earlier been made to Gideon was unconstitutional (Greenberg & Page, 2018). The Court ruled that all defendants need to have the assistance of Counsel in their defense, and Gideon was thus set free. b. Case Outline 1. Title: Gideon vs. wainwright (1963) 2. Facts of the Case Clarence Earl Gideon was an eighth-grade dropout who had run away from home when he was in the middle class. He was a drifter who spent most of his time in and out of prison. He was charged with a lawful offense of breaking into a Pool room in Florida (Oyez, 2018). He appeared in Court without legal Counsel and requested the Court to appoint one for him. His request was denied. Back then, a lawyer would only be given to an indigent offender in capital cases. The defendant was forced to represent himself in Court, where he was found guilty and sentenced to five years in prison (Oyez, 2018). Clarence Earl Gideon appealed his case again to the Supreme Court of the United States. The case was reviewed and resolved. 3. History of the case Clarence Earl Gideon was found guilty and was sentenced to five years in prison (Oyez, 2018). 4. Legal Questions The Court needed to determine whether Clarence Earl Gideon was guilty or innocent. If found guilty, the Court would decide the number of years that Gideon required to be imprisoned. The Supreme Court of the United States had an excellent task of determining whether Gideon's conviction was unconstitutional or constitutional. Also, the Supreme Court had to determine
  • 3. whether a poor accused defendant should be given Legal Counsel to represent them in Court. 5. Decision or Holdings The Supreme Court serves justice to the defendant by making the final decision. In Gideon's case, the Supreme Court served justice after being abused by the judicial system and denied his 6th amendment rights (Rappaport, 2017). The judicial system in Florida had not done an adequate job in upholding the law, which put the American man at considerable risk. From the Supreme Court ruling, every poor person who cannot afford a legal representative should be allocated one by the Court. 6. Verdict and Opinion The Supreme Court heard the oral arguments for Gideon vs. wainwright on January 15, 1963. Abe Fortas, the attorney of Gideon, provided that no defendant, regardless of their competence level, could or should give good self-representation before the court (Greenberg & Page, 2018). After two months, on March 18, 1938, Fortas' claim was accepted by the Supr eme Court. The Supreme Court declared that state courts must guarantee the right to counsel. c. Conclusion Gideon was convicted of committing a lawful burglary at the Bay Harbor Pool Room in Panama City, Florida. He was a semi - literate drifter who could not afford a lawyer at his trial in the state court. He asked the judge to appoint a legal counsel for him, but his request was declined. The judge asserted that the state did not have to pay a lawyer for a poor defendant that did not commit a capital crime. Gideon was left to represent himself, where he was found guilty and sentenced to five years imprisonment. Gideon acquired a legal representative who argued that the judgment had been unconstitutional since Gideon's 6th amendment rights had been violated by appealing to the Supreme Court. The clear remains prominent in criminal justice history as it made it clear that for all individuals who cannot afford a lawyer, the Court should appoint legal counsel to defend them in the case. This should be done in all cases and
  • 4. not only the serious ones. The case showed that the rights of all human beings should be respected and protected regardless of their position in society. References Greenberg, E. S., & Page, B. I. (2018). Struggle for Democracy, The. Www.pearson.com. https://www.pearson.com/us/higher- education/product/Greenberg-Struggle-for-Democracy-The- 10th-Edition/9780205771295.html Oyez. (2018). Gideon v. Wainwright. Oyez. https://www.oyez.org/cases/1962/155 Rappaport, J. (2017). The Structural Function of the Sixth Amendment Right to Counsel of Choice. The Supreme Court Review, 2016(1), 117–156. https://doi.org/10.1086/691355 There are questions for a housing mortgage COUNSELOR Job application (OVERVIEW): The Counselor helps homebuyers overcome the roadblocks that prevent them from qualifying for a mortgage and purchasing a home. S/he ensures effective and timely communication, explains requirements, requests necessary documents, and determines readiness for homeownership and an
  • 5. affordable mortgage payment for each Member. The Counselor also works with the Member to address and improve their financial management. Additional counseling is provided to homeowners with an unaffordable mortgage through NACA’s HomeSave program. 1. What does "economic justice" mean to you?* 2. 3. What do you think caused the housing crisis beginning in 2008?* 4. Do you think a mortgage should require a down payment? Explain why.* 5. If you were given ten billion dollars to create your own mortgage product, who would it be designed for and what would the basic criteria be? For example, will there be limits for loan to value, a minimum credit score, down payment, etc and what would the limits be?* 6. Describe other criteria other than the credit score that you would use to determine a homebuyer's readiness for homeownership.* 7. What makes you a good fit for this position? Describe your understanding of what this position entails, your qualifications, experience and what motivated you to apply.* 8. How do you believe your current skills will contribute to the accomplishment of NACA's mission and advocacy? In your answer also include what is the most important aspect that attracts you to NACA and why.* 9. Explain your counseling experience, the types of counseling, and how your counseling experience relates to this position. 10. Explain a Housing Ratio and Debt Ratio.* 11. Describe your customer service skills and how you utilized and developed them in your current and past employment.* 12. If you see a customer who comes into the office without an
  • 6. appointment and all of the staff are busy except one who refuses to see them, what would you do?* 13. Describe your writing, presentation and oral communication skills, as well as your ability to synthesize and translate complicated information into clear and compelling language. Describe where you have used these that effectively demonstrate these skills.* 14. Explain your experience and comfort level in making presentations to large number of people.* 15. Describe your level of comfort with math, working with numbers and performing data analysis. In your answer please include any related experience and skills.* 16. In your prior work experience, did it require significant computer skills? Explain your level of computer proficiency including typing speed and accuracy.* 17. Describe your time management and organizational skills. What are your time management techniques and how would you apply them to meet production and customer service requirements with a large pipeline of customers requiring appointments, follow-up, returned phone calls, emails and crucial deadlines? Provide examples of prior jobs where you used or developed these skills.* 18. Since this position combines both counseling for low and moderate income people, advocacy, and mortgage origination, how would you accomplish these activities while closing a significant number of loans?* 19. Describe your evaluation of your professional strengths and any skills you would like to improve. 20. How would you evaluate your performance and what would
  • 7. you consider successful performance?*