Gideon v Wainwright essays

Gideon v Wainwright essays Clarence Earl Gideon was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. Appearing in court without funds and without a lawyer, Gideon asked the Florida state court to appoint counsel for him, whereupon the following troubles took place. The only way Gideon would be appointed a lawyer if it was a capitol offense. After his conviction, Gideon filed in the Supreme Court of Florida the present habeas corpus petition, attacking his conviction on the grounds that his federal constitutional rights were violated by the trial court's refusal to appoint counsel. The court, without opinion, denied relief. After going back to trial the Supreme Court found in favor of Gideon. In doing so it declared that all defendants in felony cases have the right to an attorney. Justice Hugo Black, stated that the court was "returning too...old precedents, souder we believe than the new." In a opinion by Black, expressing the views of seven members of the Court, it was held that the Sixth Amendment's provision that in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense was made obligatory upon the states by the Fourteenth Amendment. The Supreme Court of the United States reversed, overruling Betts v. Brady, wherein it had been held that due process of law does not require that in every case, regardless of circumstances, an indigent accused must be furnished counsel by the state. Gideon recieved a new trial with a lawyer and the jury acquitted him. Can people afford lawyers, most poverty stricken people can't? Gideon was a poor man who could't pay a lawyer to help him in his case, so he was considered a layman at his trial. Most people don't know of Clarence Earl Gideon or realize how much his case effects us in our everyday life. Gideon's case with the Supreme Court of the United States shows in the meranda rights, and in ...

Biography of Barack Obama, 44th U.S. President

Biography of Barack Obama, 44th U.S. President Barack Obama (born August 4, 1961) is an American politician who served as the 44th president of the United States, the first African-American to do so. Prior to that, he was a civil rights lawyer, constitutional law professor, and U.S. senator from Illinois. As president, Obama oversaw the passage of several notable pieces of legislation, including the Affordable Care Act (also known as Obamacare) and the American Recovery and Reinvestment Act of 2009. Fast Facts: Barack Obama Known For: Obama was the 44th president of the United States.Born: August 4, 1961 in Honolulu, HawaiiParents: Barack Obama Sr. and Ann DunhamEducation: Occidental College, Columbia University (B.A.), Harvard University (J.D.)Awards and Honors: Nobel Peace PrizeSpouse: Michelle Robinson Obama (m. 1992)Children: Malia, Sasha Early Life Barack Obama was born on August 4, 1961, in Honolulu, Hawaii, to a white mother and a black father. His mother Ann Dunham was an anthropologist, and his father Barack Obama Sr. was an economist. They met while studying at the University of Hawaii. The couple divorced in 1964 and Obama Sr. returned to his native Kenya to work for the government. He rarely saw his son after this separation. In 1967, Barack Obama moved with his mother to Jakarta, where he lived for four years. At the age of 10, he returned to Hawaii to be raised by his maternal grandparents while his mother completed fieldwork in Indonesia. After finishing high school, Obama went on to study at Occidental College, where he gave his first public speech- a call for the school to divest from South Africa in protest of the countrys system of apartheid. In 1981, Obama transferred to Columbia University, where he graduated with a degree in political science and English literature. In 1988, Obama began studying at Harvard Law School. He became the first black president of the Harvard Law Review and spent his summers working at law firms in Chicago. He graduated magna cum laude in 1991. Marriage Obama married Michelle LaVaughn Robinson- a lawyer from Chicago he met while he was working in the city- on October 3, 1992. Together they have two children, Malia and Sasha. In her 2018 memoir Becoming, Michelle Obama described their marriage as a full-on merger, a reconfiguring of two lives into one, with the well-being of a family taking precedence over any one agenda or goal.† Barack supported Michelle when she chose to leave private law for public service, and she supported him when he decided to enter politics. Career Before Politics Upon graduating from Columbia University, Barack Obama worked at Business International Corporation and then at the New York Public Interest Research Group, a non-partisan political organization. He then moved to Chicago and became director of the Developing Communities Project. After law school, Obama wrote his memoir, Dreams from My Father, which was widely acclaimed by critics and other writers, including Nobel Prize winner Toni Morrison. Obama worked as a community organizer and taught constitutional law at the University of Chicago Law School for 12 years. He also worked as a lawyer during this same period. In 1996, Obama made his foray into political life as a member of the Illinois State Senate. He supported bipartisan efforts to improve healthcare and increase tax credits for childcare. Obama was reelected to the State Senate in 1998 and again in 2002. U.S. Senate In 2004, Obama launched a campaign for U.S. Senate. He positioned himself as a progressive and an opponent of the Iraq War. Obama won a decisive victory in November with 70% of the vote and was sworn in as a U.S. senator in January 2005. As a senator, Obama served on five committees and chaired the European Affairs subcommittee. He sponsored legislation to expand Pell grants, provide support for victims of Hurricane Katrina, improve the safety of consumer products, and reduce homelessness among veterans. By now, Obama was a national figure and a rising star in the Democratic Party, having delivered the keynote address at the 2004 Democratic National Convention. In 2006, Obama released his second book, The Audacity of Hope, which became a New York Times bestseller. 2008 Election Obama began his run for U.S. president in February 2007. He was nominated after a very close primary race against key opponent Hillary Clinton, the wife of former president Bill Clinton. Obama chose Delaware Sen. Joe Biden to be his running mate. The two campaigned on a platform of hope and change; Obama made ending the Iraq War and passing healthcare reform his primary issues. His campaign was notable for its digital strategy and fundraising efforts. With support from small donors and activists across the nation, the campaign raised a record $750 million. Obamas main opponent in the presidential race was Republican Sen. John McCain. In the end, Obama won 365 electoral votes and 52.9% of the popular vote. First Term Within the first 100 days of his presidency, Obama signed the American Recovery and Reinvestment Act of 2009, a piece of legislation designed to address the worst effects of the Great Recession. The Recovery Act was a stimulus package that injected about $800 billion into the economy through tax incentives for individuals and businesses, infrastructure investment, aid for low-income workers, and scientific research. Leading economists broadly agreed that this stimulus spending helped reduce unemployment and avert further economic challenges. Obamas signature achievement- the Patient Protection and Affordable Care Act (also known as Obamacare)- was passed on March 23, 2010. The legislation was designed to ensure that all Americans have access to affordable health insurance by subsidizing those who meet certain income requirements. At the time of its passage, the bill was quite controversial. In fact, it was even taken before the Supreme Court, which ruled in 2012 that it was not unconstitutional. By the end of 2010, Obama had also added two new judges to the Supreme Court- Sonia Sotomayor, who was confirmed on August 6, 2009, and Elena Kagan, who was confirmed on August 5, 2010. Both are members of the courts liberal wing. On May 1, 2011, Osama Bin Laden, the mastermind of the September 11, 2001, terror attacks, was killed during a Navy SEAL raid in Pakistan. This was a major victory for Obama, winning him praise across party lines. The death of bin Laden marks the most significant achievement to date in our nation’s effort to defeat al Qaeda, Obama said in a public address to the nation. Today’s achievement is a testament to the greatness of our country and the determination of the American people. 2012 Reelection Obama launched his campaign for reelection in 2011. His main challenger  was Republican Mitt Romney, a former governor of Massachusetts. To make use of growing social networks like Facebook and Twitter, the Obama campaign hired a team of tech workers to build digital campaign tools. The election centered on domestic issues, including healthcare and Social Security, and in many ways was a referendum on the Obama administrations response to the Great Recession. In November 2012, Obama defeated Romney with 332 electoral votes and 51.1% of the popular vote. Obama called the victory a vote for action, not politics as usual, and promised to work on bipartisan proposals to improve the American economy. Second Term During his second term as president, Obama focused on new challenges facing the country. In 2013, he organized a group to begin negotiations with Iran. An agreement was reached in 2015 in which the United States would lift sanctions and steps would be taken to prevent Iran from acquiring nuclear weapons. Following the mass shooting at Sandy Hook Elementary School in December 2012, Obama signed a series of executive orders designed to reduce gun violence. He also voiced support for more comprehensive background checks and a ban on assault weapons. In a press conference at the White House, Obama said, If there is even one thing we can do to reduce this violence, if there is even one life that can be saved, then weve got an obligation to try. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex marriage was protected by the equal protection clause of the Fourteenth Amendment. This was a major milestone in the fight for LGBTQ rights. Obama called the ruling a victory for America. In July 2013, Obama announced that the United States had negotiated plans to restore diplomatic relations with Cuba. The following year, he became the first American president to visit the country since Calvin Coolidge did so in 1928. The shift in U.S.-Cuba relations- dubbed the Cuban thaw- was met with approval by many political leaders around the world. Legacy Obama is the first African-American to not only be nominated by a major political party but also to win the presidency of the United States. He ran as an agent of change. His true impact and the significance of his presidency will not be determined for many years to come. Sources Obama, Barack.  Dreams from My Father: A Story of Race and Inheritance. Canongate, 2016.Obama, Michelle. Becoming. Crown Publishing Group, 2018.Remnick, David.  The Bridge: The Life and Rise of Barack Obama. Vintage Books, 2011.