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The Right to an Attorney

The Right to an Attorney. Exemplar. The Rights and Their Rank…. Right to an attorney (6 th Amendment) Freedom from unreasonable searches and seizures (4 th Amendment) Freedom from cruel and unusual punishment (8 th Amendment). Why do I rank them in this order?.

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The Right to an Attorney

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  1. The Right to an Attorney Exemplar

  2. The Rights and Their Rank… • Right to an attorney (6th Amendment) • Freedom from unreasonable searches and seizures (4th Amendment) • Freedom from cruel and unusual punishment (8th Amendment)

  3. Why do I rank them in this order? • The freedom from unreasonable searches and seizures and the protection from cruel and unusual punishment are important because they protect you from being arrested and punished unjustly. However, none of that would matter without an attorney. An attorney protects your 4th amendment right, which makes sure that your 8th amendment isn’t violated.

  4. The Right to an Attorney • This right, outlined in the 6th Amendment, states that the defendant is allowed to be helped by a counsel, and that one shall be appointed to him/her free of charge if they cannot afford one. He has the right to an attorney… …and so does Hello Kitty… …but not the chicken. 

  5. Importance • Without this right, you would be at a severe disadvantage if you were ever accused of a crime. An attorney knows: • The difference between opening statement and closing arguments • The difference between direct and cross examination • The Rules of Evidence • Objections

  6. Gideon v. Wainwright (1963) • On July 3, 1963, a burglary occurred at Bay Harbor Pool Room in Panama City, Florida. A witness saw Clarence Gideon later that morning with beer and wine in his hands and money in his pockets. He was arrested based on only that.

  7. The Trial • Gideon was told that he HAD to represent himself because: • Not illiterate • Not accused of a capital offense • He was found guilty of breaking and entering and the intent to commit larcenyand sentenced to 5 years in a maximum security prison. • summary

  8. While in prison… • He appealed to the Supreme Court declaring that his 6th Amendment right to an attorney had been violated. The Supreme Court agreed and gave him a retrial where he was given representation by an attorney. • He was found NOT GUILTY and released from custody.

  9. How the Right to an Attorney Helped Gideon • Gideon DID spend two years in prison for a crime he did not commit simply because he was denied his 6th Amendment right to an attorney. • But • He was released from prison and his record expunged BECAUSE the Supreme Court changed their interpretation of that right. • The right to an attorney protected Gideon’s freedom.

  10. How does this case protect us all? • Now everyone is guaranteed the right to an attorney in every criminal case. • If you cannot afford an attorney, one will be appointed to you. The Public Defender program.

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