A defense counsel
In 1961, a local man, Gideon Earl Clarence, was arrested by the police and charged with breaking to commit petty larceny. A witness had reported that they had seen a man who fits Gideon’s profile in the scene of the crime, and based on the witness statement, Gideon found himself behind bars. Gideon was later arraigned in court, where he represented himself based on the fact that he could not afford the services of a defense counsel. The trial did not go his way, and the jury gave him a guilty verdict, and thus, Gideon was sentenced to five years in prison. Gideon appealed the case, first to the Supreme Court in Florida, where he was rejected, and next to the U.S Supreme Court where his case was heard, only this time, he had a defense lawyer. He won the second case. Having a court-appointed legal counsel helped Gideon’s chances in the second case. It ensured that he won the second case, raising the importance of having a defense counsel in the criminal legal system. Also, to clearly show the importance of a defense counsel, we shall contrast the two outcomes, that is, the experiences Gideon had with a fence counsel and without as an individual without a defense council.
A defense counsel is described in law as an attorney who acts as an agent seeking to represent their clients in court. The attorney can either be privately retained, from the public defender’s office or assigned by the court for the representation. The defense counsel seeks to speak on behalf of clients preventing their arrest or prosecution on criminal matters. Nonetheless, the counsel’s main role is to advise the clients who are legally obliged to have the final say on their defense issues. The role of the counsel is restrained to helping the person clear their names on certain legal claims. The counsel is not mandated to conduct investigations against the clients to prove whether they are innocent or not but to entirely represent the clients and avoid imprisonment or fines. The defense counsel has various legal and ethical obligations the focus on the client. Defense lawyers are ethically bound to represent the client professionally and to the best of their abilities while avoiding conflict of interest and maintaining absolute confidentiality with their clients’ information.
Gideon struggles in the first trial without a defense counsel. In the first trial, Gideon is asked if he has counsel to represent his case before the court. Gideon states that he had none to represent him owing that he was too poor to afford a legal counsel, and he requests the court to provide him one. The court declines to provide him with the council because the state of Florida only appoints a defense lawyer when a person is charged with a criminal offense. Gideon is forced to represent himself, acting on his counsel to navigate the intricacies of conducting his defense. He fails to convince the jury of his innocence, and therefore he is sentenced to five years in prison.
On his retrial in 1963, Gideon had the back up of defense counsel, Fred Turner. Turner did a thorough investigation of factors that might go in favor of Gideon in the trial. For instance, he investigated the jurors, uncovering their attitudes and personalities. Also, Turner did not give an opening statement, deciding to keep numb on the same; thus, he kept secret the case’s theory. He would later reveal his theory when it was too late for the state to testify on rebuttal. He also thoroughly cross-examined witnesses from the first trial and thus could poke holes in their testaments. For instance, Turner made null key witness, Cook’s argument, by proving that Cooks’s previous argument was inconsistent and should not be considered in Gideon’s judgment. By using his legal knowledge and wit, Turner managed to have Gideon acquitted of all charges. Thus, by having a legal counsel in his defense, Gideon increased his chances of success compared to when he represented himself.
Gideon represented himself well before the appellate process despite not having a legal counsel. Gideon applies for an appeal to his case despite not having a legal counsel’s advice at the time. He penciled a five-page ‘writ of Certiorari, ‘ which was directed at the Supreme Court. The fact that he even got his case heard in the Supreme Court means that he could formulate a good argument that appealed to the judges of the Supreme Court. However, the process of getting his case heard was challenging as before his accepted appeal, he had been denied his first appeal in the Supreme Court in Florida. Once in the appellate courts, Abe Fortas was appointed to plead on Gideon’s behalf. Having Abe on his side made the case easier on Gideon. Fortas decided to argue based on the fact that the nature of Betts v. Brady had mistreated Gideon. The Betts v. Brady case effectively ensured that defendants in court were denied counsel when prosecuted by the state. By choosing to pick this argument, Fortas would influence the Betts v. Brady’s overruling by the supreme court. Overruling the verdict meant that Gideon could get Turner’s representation in his later appeal, which he was finally acquitted. The legal representation by Fortas effectively made it easier for Gideon to earn his freedom. Therefore, his legal counsel experiences were much more comfortable and more successful than when he lacked legal counsel.