Key Constitutional Concepts: Right to Counsel

Transcription

1 Key Cnstitutinal Cncepts: Right t Cunsel Authr: Natinal Cnstitutin Center A Prject f: The Annenberg Fundatin Trust at Sunnylands Abut this Lessn The secnd sectin f the film Key Cnstitutinal Cncepts presents the landmark Supreme Curt case Giden v. Wainwright (1963) and examines the impact ne event can make n the Cnstitutin thrugh the judicial prcess. This lessn is designed t give students an pprtunity t interact with the Cnstitutin, peers, and the film. The lessn begins with students cnsidering the need fr an attrney in a criminal trial, fllwed by an examinatin f the rights cntained in the Sixth Amendment. Using the vide "Key Cnstitutinal Cncepts: Right t Cunsel, students examine bth the cnstitutinal right t cunsel and hw this right has been secured by Supreme Curt decisins. Thrughut this lessn, students are prvided pprtunities t frm their wn pinins regarding Giden s case, while als reviewing the language f the Sixth Amendment as they see this case unfld. The lessn cncludes with students writing a histrical analysis f the Giden v. Wainwright decisin and understanding hw criminal defendants are nw infrmed abut their right t cunsel.

2 Natinal Cnstitutin Center Classrm Ready Resurce Grade Level(s) 7-12 Classrm Time One 45-Minute Class Perid Handuts Handut #1 The 6 th Amendment Handuts #2 Imprtant Curt Cases Cnstitutinal Cnnectins Article III Amendments VI, XIV Backgrund Althugh the Sixth Amendment, which guarantees the right t cunsel, makes n reference t prviding lawyers fr lw-incme peple, the federal gvernment began the practice f appinting lawyers in serius criminal cases in the nineteenth century. A number f states als prvided cunsel fr indigents in felny trials in the twentieth century. But it was nt until the 1930's that the Supreme Curt began t natinalize the applicatin f this Sixth Amendment guarantee. In 1932, in a famus case entitled Pwell v. Alabama, the Curt held that the right t a lawyer was an essential safeguard f liberty, but it left it t the states t determine just hw far this right extended. In Betts v. Brady (1942), the justices ruled that whether a lawyer was required wuld depend upn the circumstances in each case. In sme circumstances, the Curt held, a lawyer was essential t a fair trial; in thers a lawyer might nt be needed. The Supreme Curt s decisin in Giden v. Wainwright (1963) did away with the case-by-case apprach and ruled that defendants in criminal cases must be prvided with a lawyer by the gvernment if they were t pr t affrd ne. Clarence Giden, charged with burglary, was tried in a Flrida state curt. Giden was unable t affrd a lawyer and requested free legal cunsel, but the state refused his request n the grunds that he was nt being tried fr a capital ffense punishable by death. Fund guilty and imprisned, Giden appealed t the Supreme Curt. The Curt unanimusly verturned his cnvictin and rdered a new trial in which Giden wuld be represented by an attrney. In his new trial, Giden was fund nt guilty. Justice Hug Black delivered the pinin f the curt, ruling that due prcess guaranteed by the Furteenth Amendment requires that the state fulfill the Sixth Amendment guarantee f assistance f cunsel. Three years after Giden v. Wainwright the Curt nce again visited the issue and ruled in Miranda v. Arizna that all persns held in custdy must be infrmed f their right t cunsel and that an attrney will be appinted t represent them if they cannt affrd ne Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 2

3 Natinal Cnstitutin Center Classrm Ready Resurce Objectives Students will: Investigate the meaning f the Sixth Amendment. Identify key Supreme Curt Cases preceding and fllwing Giden v. Wainwright. Explre the applicatin f the Furteenth Amendment t the Bill f Rights. Understand that Giden v. Wainwright required the appintment f cunsel fr thse wh culd nt affrd a lawyer in criminal cases. Identify the rle attrneys play in the judicial prcess. Standards McREL Cmpendium Cntent Knwledge: A Cmpendium f Standards and Benchmarks fr K-12 Educatin: 3rd and 4th Editins This lessn meets McREL Standards fr Civics Standard 4 Level IV (Grades 9 12), Benchmarks 5,6 Standard 18 Level IV (Grades 9-12) Benchmarks 5, 9,10 Standard 29, Level IV (Grades 9-12) Benchmark 3 Activity 1. Ask students t answer the fllwing questin: If yu are accused f a crime, d yu need an attrney? Please explain why. 2. Encurage students t brainstrm bth advantages and disadvantages t having a lawyer present. 3. Distribute cpies f Handut #1- The Sixth Amendment t students. Using the handut, ask students t read the amendment and then prepare a list f the rights prmised in the amendment. Vide Analysis 4. Intrduce film and activity t the students: This sectin f the film examines the stry f Earl Giden, a man wh was accused and cnvicted f stealing frm a Flrida pl hall and sent t prisn Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 3

4 Natinal Cnstitutin Center Classrm Ready Resurce By asserting his rights under the Cnstitutin, Mr. Giden secured the right t cunsel. With the assistance f the Supreme Curt, Mr. Giden was given a new trial and access t an attrney. In the new trial, he was acquitted f the crime. The film will shw the prcess by which Mr. Giden appealed his case thrugh the Flrida curt system t the Supreme Curt f the United States. The film examines the histry f right t cunsel cases, presenting a number f Supreme Curt cases that served as precedent befre the Giden decisin. Mr. Giden s stry shws that in ur cnstitutinal system n ne - nt even a pr drifter cnvicted f burglary - is belw the law, and that rdinary citizens can assert their rights and make a difference. 5. Key Cnstitutinal Cncepts-Chapter 2: One Man Changes the Cnstitutin Prir t viewing the vide, distribute Handut #2 (Imprtant Curt Cases) that will help rganize infrmatin regarding the right t cunsel. Intrduce students t the case f Pwell v. Alabama (1942) as an example f ntes t be taken during the film. Instruct students t take ntes n the rest f the cases listed as they watch the vide clip. Ask students t watch the clip and answer the questins belw. Be sure t STOP VIDEO immediately after the narratr describes the case (yur visual marker t stp is the emergence f the televisin). Allw students time t answer and then discuss: D yu think Clarence Giden was guilty based n the evidence presented at his first trial and his past histry? Pssible discussin questins t expand n. Utilize small grups again and then have students share as a class. Based n his past histry, why might Giden nt receive a fair trial? What des it mean t be presumed inncent until prven guilty? D yu think the evidence is strng enugh t cnvict Giden? Why r why nt? What is circumstantial evidence? 6. CONTINUE WITH THE VIDEO. STOP VIDEO nce Giden says that he is entitled t cunsel. Have students read the wrding f the Sixth Amendment and ask the students if they think the language implies that Giden has the right t cunsel even if he can nt affrd ne Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 4

5 Natinal Cnstitutin Center Classrm Ready Resurce Was Clarence Giden right in his assertin that the curt must prvide a lawyer fr him? Why r why nt? Discuss student respnses and CONTINUE VIDEO Questins fr further discussin: What was an attrney able t d fr Giden in the secnd trial that he was nt able t d fr himself in the first? If yu are charged with a crime, why is it imprtant t have a lawyer? What did Supreme Curt Justice Hug Black think abut Giden s appeal? Hw was the Furteenth Amendment applied in this case? 7. At the end f the vide, ask students the fllwing questins: Assessment Hw d thse detained by the plice r arrested fr a crime knw abut their right t an attrney? What happens if the plice d nt infrm the persn f their rights? 8. The questin belw is the final analysis fr this lessn. This can either be a verbal discussin r a written assignment. Review Handut #2, Imprtant Curt Cases Regarding the Right t Cunsel. Encurage students t use the Justice Learning website (see Further Resurces bx belw) t cmplete the handut. Using the infrmatin cllected abut the curt cases and the Cnstitutin as supprting evidence, answer the fllwing questin: Was the Flrida curt justified when it denied Giden a curt-appinted lawyer? If yu answered n, then explain why the Supreme Curt verturned the Flrida curt s decisin and their reasning fr ding s. If yu answered yes, then explain hw the Giden case departed frm earlier Supreme Curt decisins Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 5

6 Natinal Cnstitutin Center Classrm Ready Resurce Further Resurces Justice Learning: Histrical Timeline n the Right t the Assistance f Cunsel &RightID=15 Justice Talking: Are Lawyers Necessary in All Cases? Natinal Cnstitutin Center: Interactive Cnstitutin OYEZ: Summary f Giden v. Wainwright Crnell Law Right t Cunsel verview by case Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 6

7 Natinal Cnstitutin Center Classrm Ready Resurce Handut #1 Sixth Amendment t the United States Cnstitutin In all criminal prsecutins, the accused shall enjy the right t a speedy and public trial, by an impartial jury f the State and district wherein the crime shall have been cmmitted, which district shall have been previusly ascertained by law, and t be infrmed f the nature and cause f the accusatin; t be cnfrnted with the witnesses against him; t have cmpulsry prcess fr btaining witnesses in his favr, and t have the Assistance f Cunsel fr his defence. Rights Included in the Amendment 2006 Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 7

8 Natinal Cnstitutin Center Classrm Ready Resurce Handut #2 Imprtant Curt Cases Regarding Right t Cunsel Case Ntes Pwell v. Alabama (1932) - The Supreme Curt determined that defendants in capital cases are entitled t an attrney. Betts v. Brady (1942) Giden v. Wainwright (1963) Miranda v. Arizna (1966) 2006 Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 8

9 Natinal Cnstitutin Center Classrm Ready Resurce 2006 Natinal Cnstitutin Center Annenberg Fundatin Trust at Sunnylands P a g e 9