What was the Supreme Court ruling in Gideon v. Wainwright?

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• About
  • About
  • Site Credits
• Using the Site
• Legal Concepts
• Teaching Strategies
• Glossary

• About
  • Site Credits

• Using the Site
• Legal Concepts
• Teaching Strategies
• Glossary

Gideon v. Wainwright (1963)

Right to Counsel, Due Process

The Cases

• Brown v. Board of Education
• Dred Scott v. Sandford
• Engel v. Vitale
• Gibbons v. Ogden
• Gideon v. Wainwright
• Hazelwood v. Kuhlmeier
• Korematsu v. United States
• Mapp v. Ohio
• Marbury v. Madison
• McCulloch v. Maryland
• Miranda v. Arizona
• New Jersey v. T.L.O.
• Obergefell v. Hodges
• Plessy v. Ferguson
• Regents of the U. of California v. Bakke
• Roe v. Wade
• Schenck v. United States
• Texas v. Johnson
• Tinker v. Des Moines
• United States v. Nixon

“The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”

Justice Black, speaking for the majority

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This case explores the legal concepts of the right to counsel and due process.

In June 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, FL. Police arrested Clarence Earl Gideon after he was found nearby with a pint of wine and some change in his pockets. Gideon, who could not afford a lawyer, asked a Florida Circuit Court judge to appoint one for him arguing that the Sixth Amendment entitles everyone to a lawyer. The judge denied his request and Gideon was left to represent himself. He did a poor job of defending himself and was found guilty of breaking and entering and petty larceny. 

While serving his sentence in a Florida state prison, Gideon began studying law, which reaffirmed his belief his rights were violated when his request for counsel was refused. From his prison cell, he handwrote a petition asking the Supreme Court of the United States to hear his case, and it agreed. The Court unanimously ruled in Gideon’s favor, stating that the Sixth Amendment requires state courts to provide attorneys for criminal defendants facing felony charges who cannot otherwise afford counsel.

This section is for students. Use the links below to download classroom-ready .PDFs of case resources and activities. 

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About the Case

Full Case Summaries

A thorough summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and case impact.

• High School-Level
• Middle School-Level

Case Background and Vocabulary

Important background information and related vocabulary terms.

• Background Reading (Middle School ·)
• Background Reading (High School ··)
• Background Reading (Advanced ···)
• Vocabulary (Middle School ·)
• Vocabulary (High School/Advanced ··/···)

Visuals

• Diagram of How the Case Moved Through the Court System
• Case Summary Graphic Organizer

Decision

• Summary of the Decision
• Key Excerpts from the Majority Opinion
• Key Excerpts from the Concurring Opinions

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Learning Activities

The Case

• Sixth Amendment Analysis 
• Document Analysis: Gideon’s Petition for a Writ of Certiorari
• Classifying Arguments Activity
• Judicial Opinion Writing Activity 
• Opinion Analysis
• Newspaper Analysis 

After the Case

• Right to Counsel: Quality of Representation
• Right to Counsel: Quantitative Analysis
• Cartoon Analysis
• Applying Precedents Activity: Alabama v. Shelton (2002)
• Inquiry-based Task: Will You Sign the Resolution? 

This section is for teachers.

Use the links below to access:

• student versions of the activities in .PDF and Word formats
• how to differentiate and adapt the materials
• how to scaffold the activities
• how to extend the activities
• technology suggestions
• answers to select activities  

(Learn more about Street Law's commitment and approach to quality curriculum.)

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About the Case

• Full Case Summaries: A summary of case facts, issues, relevant constitutional provisions/statutes/precedents, arguments for each side, decision, and impact. Available at a high school and middle school levels. 
• Case Background: Background information at three reading levels.
• Case Vocabulary: Important related vocabulary terms at two reading levels.
• Diagram of How the Case Moved Through the Court System
• Case Summary Graphic Organizer
• Decision: A summary of the decision and key excerpts from the opinion(s)

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Learning Activities

The Case

• Sixth Amendment Analysis 
• Document Analysis: Gideon’s Petition for a Writ of Certiorari
• Classifying Arguments Activity
• Judicial Opinion Writing Activity 
• Opinion Analysis
• Newspaper Analysis 

After the Case

• Right to Counsel: Quality of Representation
• Right to Counsel: Quantitative Analysis
• Cartoon Analysis
• Applying Precedents Activity: Alabama v. Shelton (2002)
• Inquiry-based Task: Will You Sign the Resolution? 

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Teacher Resources

Teaching Strategies Used

• Applying Precedents
• Classifying Arguments
• Judicial Opinion Writing
• Political Cartoon Analysis

Landmark Cases Glossary

The LandmarkCases.org glossary compiles all of the important vocab terms from case materials. It is provided as a view-only Google Sheet.