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Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well.
Pro bono publico, usually shortened to pro bono, is a Latin phrase for professional work undertaken voluntarily and without payment. The term typically refers to provision of legal services by legal professionals for people who are unable to afford them.
A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Hungary and Singapore, and some states of Australia. Brazil is the only country in which an office of government-paid lawyers with the specific purpose of providing full legal assistance and representation to the needy free of charge is established in the constitution. The Sixth Amendment of the US Constitution has been interpreted to require the US government to provide free legal counsel to indigent defendants in criminal cases, and public defenders in the United States are full-time lawyers employed by or under contract with the state or federal governments.
Clarence Earl Gideon was a poor drifter accused in a Florida state court of felony theft. While in prison, he appealed his case to the US Supreme Court, resulting in the landmark 1963 decision Gideon v. Wainwright holding that a criminal defendant who cannot afford to hire a lawyer must be provided one at no cost.
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Pro se legal representation comes from Latin pro se, meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
Howard W. Dixon was a civil rights attorney in Miami between 1955 and 1997. During that time, he was considered an activist for the rights of poor people and ethnic and racial minorities. He served as General Counsel for the NAACP in the '50s, was a founding Board Member of the Florida Civil Liberties Union. He was the founding executive director of Legal Service of Greater Miami, a program that grew out of President Lyndon Johnson's 1964 War on Poverty. He served as Executive Director from 1966 to 1977. After his retirement as a General Master for the Florida Court System in 1987, he served as a full-time volunteer for the Legal Aid Society of Greater Miami, earning him the John Minor Wisdom Public Service and Professionalism Award for Pro Bono Service by the American Bar Association in 1995.
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Legal aid in the United States is the provision of assistance to people who are unable to afford legal representation and access to the court system in the United States. In the US, legal aid provisions are different for criminal law and civil law. Criminal legal aid with legal representation is guaranteed to defendants under criminal prosecution who cannot afford to hire an attorney. Civil legal aid is not guaranteed under federal law, but is provided by a variety of public interest law firms and community legal clinics for free or at reduced cost. Other forms of civil legal aid are available through federally-funded legal services, pro bono lawyers, and private volunteers.
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Public interest law refers to legal practices undertaken to help poor, marginalized, or under-represented people, or to effect change in social policies in the public interest, on 'not for profit' terms, often in the fields of civil rights, civil liberties, religious liberty, human rights, women's rights, consumer rights, environmental protection, and so on.
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References
- ↑ Jacob, Bruce R. (2014). "The Gideon Trials". Iowa Law Review. Retrieved 6 October 2017.
- “Tobias Simon, 52, a Lawyer In Civil Rights Causes in 60's,” New York Times, February 27, 1982.
- The Tobias Simon Pro Bono Service Award Past Recipients
- Cramp v. Board of Public Instruction, 368 U.S. 278 (1961) Oyez.org