Gideon v. Wainwright (1963)

Expanding Criminal Rights:
In re Gault and Argersinger v. Hamlin

Warm-up:

  1. Respond to the following question in writing:

    The Gideon v. Wainwright decision was a victory for the rights of criminal defendants in felony cases. If you could expand the decision further, how would you do so?

  2. Discuss responses.

Process:

  1. Read the abstract of In re Gault.

  2. Answer the questions that follow:

    1. How are the Gideon and Gault cases similar?

    2. How do they differ?

    3. What was the decision in Gault?

  3. Read the abstract of Argersinger v. Hamlin.

  4. Answer the questions that follow:

    1. How are the Gideon and Argersinger cases similar?

    2. How do they differ?

    3. What was the decision in Argersinger?

Conclusion:

In a well-written paragraph, respond to the questions that follow: What impact do you think the decisions in Gault and Argersinger have had on criminal justice in the United States? Do you agree or disagree with these decisions?

Follow-up:

The federal and state governments are NOT required to provide the parties with a free attorney in civil cases. Why is this permissible?

Resources
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Teaching Recommendations
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Background Summary
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Diagram of How the Case Moved Through the Court System
 
Listen to the Oral Arguments
 
Key Excerpts from the Majority Opinion
 
Key Excerpts from the Concurring Opinions
 
Full Text of the Majority Opinion

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Activities
    The Case
Document Analysis
 
What Does the Sixth Amendment Mean? To Whom Does It Apply?
 
Does a Lawyer Really Make a Difference In a Trial?
 
Political Cartoon Analysis
 
The Evolution of a Decision

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    After the Case
WebQuest on How to Provide Counsel to Indigent Defendants
 
Expanding Criminal Rights: In re Gault and Argersinger v. Hamlin
 
 

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   Additional    Resources

Gideon Reviewed: The State of the Nation 40 Years Later
 
Gideon at Forty: The Promise Comes with a Price Tag
 
Fixing a System that Denies Justice to the Poor

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