Prosecution and Defense
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Prosecution and Defense
The principle of “Stare decisis” has been used by America’s judicial system for several years. Despite the numerous laws under the federal constitution aiming to ensure justice, the precedent system of ruling that began in the early 1800s doesn’t seem to promote neutrality and benefits to the political, social, and economic sectors. Therefore, one should neither base their decision on the majority (Justice Black) nor a set of legal rules from prior cases (Siegler, 2016). The U.S. law courts have undermined many instances, especially non-capital offenses, but the Gideon v. Wainwright case paved the way for justice.
Clarence Earl Gideon (a wrongfully convicted defendant) faced a criminal allegation after a theft incident at the Bay Harbor Poolroom in Florida. The police were quick to arrest him after they found him with some wine and change in his pockets. The first trial began on August 4, 1961, when the judge inquired about his appearance without a defense lawyer. Gideon was a poor citizen and requested the court to hire him an attorney. Still, the justice presiding his case adamantly refused because the Florida Circuit Court appointed state-hired individuals who had committed capital felonies. His inability to coherently represent himself allowed the judge to prove him guilty of trespassing and burglary.
An extensive understanding of the law at the state correctional facility continued reassuring Gideon that the juridical system violated his rights. Henceforth, he wrote a handwritten petition (Habeas corpus) to the U.S. Supreme Court, requesting a fair hearing and a state-hired criminal defense lawyer on January 15, 1963. After a month (March 18), the court decided to agree on his terms by hiring a defense attorney and ruling in his favor; after violations of the 6th and 14th amendments of the federal constitution (Neubauer& Fradella, 2019).
The Florida circuit court failed to incorporate due process at the beginning of the hearing, present in the 6th and 14th amendments. Every criminal defendant has a right to representation by a qualified lawyer unless one can adequately represent themselves before the court. Furthermore, the constitution requires equal protection to all classes of people irrespective of gender, race, ethnic background, sexuality, religion, and any other valid factor under the Bill of Rights. Two of the three clauses advocate for the realization of these laws. The act of not desiring to facilitate the hiring process because the case is not a capital offense is practicing “Stare decisis.”
In relation, Justice Hugo Black always supported people’s rights, excluding all factors. His zeal for advocacy became a voice to the African-Americans and any individual who claimed innocence: Protestant minister who acted in self-defense by killing a Roman Catholic priest. To maintain National security in America, following a Japanese attack during World War II, the government insisted on Japanese-Americans’ movement from environs around Pearl Harbor. However, all moved, but Fred Korematsu: the police arrested, and the court convicted him for failure to adhere to the evacuation order. Nonetheless, he defended his right to freedom of choice and against self-incrimination, that the 5th amendment accords and also requiring due process (Scheiber & Scheiber,2016).
The majority opinion by Black states that the government’s response wasn’t valid even though many people claimed that the military’s action was to maintain internal security on the west coast of America. The court used a precedent from 1943 of Hirabayashi v. U.S. to support their decision on Korematsu’s conviction. Nevertheless, the Bill of Rights pioneer argued that their decision became skeptical and that Korematsu acted according to his rights, according to the 14th amendment clause. Therefore, the justice courts should rely on the constitution and not people’s opinions or previous rulings to make a crucial decision.
References
Neubauer, D. W., & Fradella, H. F. (2019). America’s courts and the criminal justice system. Australia: Cengage.
Scheiber, H. N., & Scheiber, J. L. (2016). Bayonets in Paradise: Martial law in Hawaiʻi during World War II. Honolulu: University of Hawaiʻi Press.
Siegler, M. V. (2016). An economic history of the United States: Connecting the present with the past. London: Palgrave Macmillan.