Required caseRights of the Accused

Gideon v. Wainwright

1963·Unit 4: American Political Ideologies and Beliefs

States must provide attorneys to indigent defendants charged with serious crimes in felony cases.

Practice the comparison FRQRead the brief
Decided
1963
Clause at issue
Sixth Amendment: Right to Counsel
Course unit
Unit 4
Case number
7 of 14

Case brief

The three pieces every AP answer about this case should get right.

  1. 1

    The facts

    Clarence Earl Gideon was denied a court-appointed lawyer in a Florida felony trial and was convicted of breaking into a pool hall.

  2. 2

    The constitutional question

    Does the Sixth Amendment right to counsel require states to provide lawyers for defendants who cannot afford one?

  3. 3

    The holding

    The Court ruled for Gideon and ordered a new trial with appointed counsel.

Why it matters

  • A fair trial requires effective assistance of counsel in serious criminal cases.
  • The Sixth Amendment right to counsel was incorporated to the states.
  • Justice cannot depend on whether a defendant can pay for a lawyer.

Check yourself

Three questions on Gideon v. Wainwright: the holding, a common mix-up, and how it differs from another required case.

Question 1 of 3

Which of the following was the holding of Gideon v. Wainwright (1963)?

SCOTUS comparison FRQ

Can you connect Gideon v. Wainwright to a case you’ve never seen?

The exam hands you an unfamiliar case and asks how it relates to a required one. Practice that here: name the shared principle, state the holding, and explain the connection.

Start the comparison

You’ll compare it with

Betts v. Brady (1942)

Three parts

  1. A. Identify the shared principle
  2. B. Describe the required case
  3. C. Explain the connection

Frequently asked questions

What had Florida refused to give Gideon?

A lawyer. He was tried for a felony, breaking into a pool hall, and the state would appoint counsel only in capital cases. The Court ordered a new trial with appointed counsel.

Which amendment reaches the states here?

The Sixth Amendment right to counsel, applied to the states through the Fourteenth Amendment. Gideon is both a fair-trial case and an incorporation case.

Does every defendant in every kind of case get a free lawyer?

The holding students need is narrower: a person who cannot afford a lawyer must receive one in a serious criminal prosecution. It is not a rule about civil suits.

How is Gideon different from McDonald v. Chicago?

Both incorporate a Bill of Rights protection against states and cities. Gideon incorporates the right to counsel. McDonald incorporates the right to keep a handgun for self-defense at home. Pick the case that matches the right in the new scenario.

The other required cases