Many people in the United States to defend their rights not hesitate heavy gold to hire lawyers engage in a lawsuit.But for the poor the poverty line how to do?Please see the following case.
Panama city, Florida, us, on June 3, 1961 a billiard stolen, the thief broke the glass house, steal some vending machines COINS.Witnesses to the police, said he saw basement in billiard (51 years old, the poor).Basal no culture, when the police found him, found that the basal well contained some COINS in the pocket, then arrested him and charged him with burgle.
Basal well there is no money to ask a lawyer, he will ask the court assigned a lawyer.Unless it is death, but the judge said, the court has no obligation to defend the poor pay fees.So the basement had to himself when he held court.As a result, he was sentenced to break theft, this is a felony in Florida, due to the basement has a criminal record, was sentenced to five years.
As a result, the basal well in jail term started studying law.He found that the Florida attorney, refused to give him has violated the constitution article 6 and article 14 amendment of his rights.Amendment to article 6. All criminal proceedings, the defendant enjoys rapid public trial by impartial jury, and get a lawyer to help defend the rights.14th amendment is pointed out that, without due process of law, shall not be deprived of anyone's life, liberty and property.Base to the Florida Supreme Court to lodge a complaint in prison, and authorities as illegal detention, asking the court to release him.Florida Supreme Court rejected his request.Basal still deathless heart, he filed a complaint to the Supreme Court, asking the court to accept his suit.Unexpectedly to the Supreme Court agreed to his request, and specify the famous American lawyer, served as his defenders.Appointed by President Johnson for the blessing, after the United States Supreme Court.
Fordham university law school in New York, says professor Martin federal Supreme Court basement of landmark.Because the Supreme Court of the United States each year received about 5000 complaints, but finally decided to examine the only hundreds of copies.The semiliterate prisoners could even write a petition, and let the federal Supreme Court hearing his case, the fact itself is serious, his opinion is finally able to win more than usual.
On January 15, 1963, the Supreme Court is the basal en sued Florida prison director Wright a hearing a case, the court debate on both sides is not provide basal grace Florida attorney is in violation of the constitution article 6 and the 14th amendment.
On March 18, 1963, the Supreme Court unanimously ruled basal well appointed lawyer shall have the right to require the state to defend him, and all felony criminal case the defendant shall have the right to require the lawyer to help defend.
Blake said in a statement on behalf of the court, a judge anyone because of poverty can not afford a lawyer is not a lawyer to court later, can't ensure that he can get a fair trial and criminal court in the United States law is a must rather than a luxury.Basal grace case established a criminal defendant lawyers rights.
The Supreme Court in making the decision of the Florida Supreme Court returned the case court at the same time, the Florida Supreme Court sent the case back to local tour to review again.Basement, in the process of review the initiative to give up appointed lawyer, himself, he claimed to his review has double
interrogations.In accordance with the provisions of the fifth amendment of the constitution of the United States, no one shall be for the same offence twice by the dangers of life or body.The judge explained that due to the defendant for appeal for retrial does not constitute a double interrogations.The jury acquitted him later, basal finally released from prison.
No comments:
Post a Comment