ABSTRACT
In 1961 Clarence Earl Gideon was arrested and charged in a Florida state court with breaking and entering a pool hall with the intent to commit a misdemeanor – a noncapital felony. Gideon, an indigent defendant, pled not guilty and asked for an attorney. His request for a court-appointed lawyer was denied on the ground that Florida law permitted the appointment of counsel in capital cases only. Gideon subsequently represented himself, was convicted, and sentenced to five years in prison. Gideon then filed a habeas corpus petition with the Florida Supreme Court, contending that his conviction and incarceration violated his federal constitutional rights. The Florida Supreme Court denied Gideon’s request for relief. He received a different reception in the U.S. Supreme Court. Writing for the Court, Justice Black concluded that the right of an indigent criminal defendant to counsel is a fundamental right, is critical to a fair
trial, and Gideon’s trial and conviction in the absence of counsel violated the Fourteenth Amendment. In so ruling, the Court embraced an appropriate reading of the Constitution and correctly intervened to protect the rights of a marginalized group.
