Betts was indicted for robbery and detained in a Maryland jail

Betts was indicted for robbery and detained in a Maryland jail

Prior to his trial, he asked for counsel to represent him. This request was denied and he was soon convicted. While incarcerated, Betts filed a habeas corpus petition in the lower courts. After they rejected his petitions, he filed a certiorari petition with the Supreme Court, which agreed to hear his case. Bett argued that his 6th Amendment right to a fair trial was violated because of his lack of counsel. The State of Maryland held that most states did not require the appointment of counsel in non-capital cases and the circumstances of this particular case did not require it.

Although the Court found in favor of Betts, it decided that the right to counsel must be decided on a case- by-case basis. This ruling was upheld for 20 years until it was overturned by Gideon v. Wainwright in 1963.

Gideon was accused of breaking into a poolroom. Gideon, an ex con, was too poor to pay for a lawyer and asked the court to appoint one for him. The court refused to grant his request stating that lawyers were only provided for those accused of committing capital crimes like murder, rape, etc. Gideon was tried and was forced to defend himself. At this point he received representation from lawyers who were attracted to his case. Gideon argued that his right to a fair trial was violated.

While in Prison Gideon hand wrote a plea to the Supreme Court and was granted a hearing

Gideon’s position was upheld. The Court ruled that all citizens must be provided a lawyer if they cannot afford one. This is regardless of the type of crime.

Ernesto Miranda was arrested for the kidnaping and rape of a young woman. Upon arrest Miranda was questioned for two hours. He never asked for a lawyer and eventually confessed to the crime. Later, however, a lawyer representing Miranda appealed the case to the Supreme Court claiming that Miranda’s rights had been violated.

Miranda was acquitted. The Court ruled that citizens must be informed of their rights prior to questioning. Any evidence or statement obtained prior to a suspect being read his/her rights is inadmissable. This has led to what is commonly referred to as one’s «Miranda Rights» having to be read upon questioning or arrest. They are: «You have the right to remain silent, anything you say can, and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed for you.» Note, Miranda was later killed in a barroom brawl, stabbed to death.

Homer Plessey, a member of a citizens group protesting the Jim Crow laws that created segregation in the south, was arrested for violating the law that forced Blacks to ride in separate train cars. Plessey claimed that the laws violated the 14 th amendment to the Constitution that said that all citizens were to receive «equal protection under the law.» The state argued that Plessey and other Blacks did receive equal treatment, just separate.

Plessey’s conviction of a violation of Jim Crow laws has upheld by the Court. The Court ruled that the 14 th amendment did say that Blacks had the right to the same facilities, just equal facilities. By ruling this way the court created the doctrine of «separate but equal.»

Thurgood Marshall, then head of the NAACP, challenged the segregation of the school claiming that the laws violated the 14 online installment loans NV th amendment to the Constitution that said that all citizens were to receive «equal protection under the law

Linda Brown, a student in the segregated Topeka Kansas school district had to walk 5 miles to school each day. Across the train tracks from her house there was a white school she was unable to attend. Oliver Brown enlisted the help of the NAACP to ensure that his daughter was able to go to the best school possible. » The state argued that Plessey v Ferguson had set the precedent and that the laws was clear on this point.

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