Gideon V Wainwright


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gideon v wainwright John Marshall Harlan II was born on May 20, 1899 in Chicago, Illinois.  He was born to John Maynard Harlan, an attorney, and Elizabeth Flagg Harlan.  John Marshall Harlan II came from a long line of political servants, of whom his grandfather is probably most notable.  John Marshall Harlan I, whom John Marshall Harlan II was named after, sat on the Supreme Court as an Associate Justice from 1877 to 1911.  Johan Marshall Harlan II  is best remembered as the lone dissenter of the separate but equal' defense to the upholding of Plessy v. Ferguson.
John Marshall Harlan II followed in his family's footsteps regarding the furthering of his education.  In 1920, Harlan graduated with honors from Princeton, thus receiving his B.A.  Harlan went onto Oxford as a Rhodes Scholar to do his graduate work, and returned to the United States upon completion in 1923.
After returning from England, Harlan began working for a law office in New York.  At the same time, he was studying law at the New York Law School.  In 1925 Harlan received his law degree and was admitted to the New York bar.  In 1931 John Marshall Harlan II became a partner in the firm he'd begun working in while attending law school, and spent much of his early career working for the firm.
Harlan was appointed an Assistant U.S. Attorney for New York in 1925.  He also served as a Special Assistant Attorney General from 1928 to 1930.  Prior to working as Special Assistant Attorney General, Harlan married Ethel Andrews, with whom he had one child.
During World War II, Harlan served as a colonel in the United States Army Air Force.  Harlan was in charge of the Operations Analysis Section of the Eighth Bomber Command.  He was also the recipient of the American Legion of Merit and the Belgian and French Croix de Guerre.
After the war, Harlan returned to his practice.  From 1951 to 1953, Harlan served as a chief counsel to the New York State Crime Commission.  During his time as chief counsel, Harlan helped to investigate illegal gambling, as well as waterfront rackets in New York City.  During his time as chief counsel, Harlan helped to investigate illegal gambling, as well as waterfront rackets in New York City.
In 1954, President Eisenhower appointed Harlan to the United States Court of Appeals.  Less than a year later, Eisenhower nominated Harlan to the Supreme Court.  On March 16, 1955, the U.S. Senate confirmed Eisenhower's appointment of Harlan 71 to 11, and Harlan began his sixteen year term in the High Court.
Harlan has often been called the "intellectual leader of the conservatives on the Court."  Harlan was known to clash with the other members of the liberal Warren Court, often authoring the dissenting opinion of the Court.  Harlan strongly believed in states' rights as well as individual rights.  Although Harlan was well known as a conservative, he frequently voted on the side of the liberals, and sometimes wrote the majority opinion.  In 1955, Harlan was a part of the Court's unanimous decision to direct the district courts to take appropriate action to end the racial segregation in public schools, which had been declared unconstitutional in Brown v. Topeka Board of Education.  Ironically, the Brown decision John Marshall Harlan II was trying to expedite the compliance of, was the case that overturned Plessy v. Ferguson, the case John Marshall Harlan I had dissented against in 1896.
While sitting on the Warren Court, Harlan was involved in several well known decisions including Gideon v. Wainwright (1963), Miranda v. Arizona (1966), and Tinker v. Demoines (1969) .  In Gideon v. Wainwright, the question addressed was one of whether or not a criminal was entitled to a court appointed attorney if he/she could not afford one.  The court voted unanimously in favor of Gideon, and Harlan issued a concurrence.
In Miranda v. Arizona, the question was whether or not Miranda's confession, which was coerced by police, had violated his Fifth Amendment rights.  The Court found in favor of Miranda, with Harlan issuing a dissenting opinion.  Harlan felt that the Miranda decision looked down upon the professionalism of law enforcement, and that it would hinder the outcome of many police interrogations.
Finally, in Tinker v. Demoines, a ... more

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The 5th Amendment
The 5th Amendment

Basically, the 5th Amendment states that no one shall be

charged with capital crimes without a Grand Jury's permission,

except in cases regarding the military while under service in wartime

or public danger. No one can be put on trial again for the same crime.  

You can't be forced to testify yourself. That no one should be

executed, jailed, or have property seized without a legal precedent.  

Also you can't be put through cruel or unusually punishment.  If

private property is seized for public use, that the owner must be

compensated for their losses fairly.  It also forbids deprivation of life,

liberty, or property without Due Process of the law.

The 5th Amendment is also often cited as the Double Jeopardy  

Amendment.  The Constitution does not say that individuals can't be

put  on trail again for the same offense.  The Constitution says that

should he defendant be tried again on the same charge or charges,

that they can't be executed or imprisoned for life without the

possibility of parole.

The 5th Amendment is also sometimes called the "Take the  

Fifth" Amendment.  It states that no defendant can be forced to

testify against themselves in a criminal case.  When under oath, you

are expected to tell the truth, even if that truth was to put you in

trouble. Taking the fifth allows you to tell the truth about th case

without putting yourself in trouble.  The Miranda are issued in 1966.

This is also the amendment that protects citizens from manifest  

destiny. That is the federal government simply taking land or other

property of citizens without giving anything back.  In fact, the

Constitution states that the owner shall be compensated a fair value of  

the item or items taken will be paid to the former owner.  This is

called Emient Domain.

5th Amendment Supreme Court Cases

MIRANDA v. ARIZONA 1966
The defendant, while in police custody, was questioned by
police officers, detectives, or a prosecuting attorney.  The defendant
was not given a full and effective warning of his rights before the the
interrogation.  In this case Miranda was not ckarged and was sent
free because he had no awarence of his rights.  Since that day for the
the police had to read your rights.

CLARENCE EARL GIDEON v. LOUIE L. WAINWRIGHT, Director, Division of Corrections 1963
The was charged in a Florida state court with having broken and
entered a poolroom with intent to commit a misdemeanor. This
offense is a felony under Florida law. Appearing in court without
money and without a lawyer, the defendant asked the court to appoint
counsel for him. the court denied him.  The court said only time the
court can appoint counsel to represent a defendant is when that
person is charged with a capital offense.  After defending himself he
was found guilty by the jury.  He was sentenced to five years in state
prison.  The defendant then filed in the Florida Supreme Court this
habeas corpus petitioner attacking his conviction and sentence on the
ground that the trial court's refusal to appoint counsel for him denied
him rights 'guaranteed by the Constitution and the Bill of Rights by
the United States Government.  But the State Supreme court denied
him, because its only under federal constitutionaly.
Kastigar v. United States 1972
This case presents the question whether the United States
Government may get testimony from an unwilling witness, who pleeds
the Fifth Amendment so they will not self-incrimination, by
conferring on the witness stand from use of the compelled testimony
in criminal proceedings, as well as from use of evidence derived from
the testimony.   The witnesses were subpoenaed to appear before a
United States grand jury in the Central District of California on
February 4, 1971. The Government believed that the witnesses were
likely to take their Fifth Amendment privilege. Prior to the scheduled
appearances, the Government applied to the District Court for an
order directing the witnesses to answer questions and produce
evidence before the grand jury. The witnesses opposed of the order
because they felt the  would self-incrimanate. The District Court
rejected this, and ordered the witnesses to appear before the grand
jury and answer its questions.





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  • I: 	John Marshall Harlan II was born on May 20, 18 I: John Marshall Harlan II was born on May 20, 18 John Marshall Harlan II was born on May 20, 1899 in Chicago, Illinois. He was born to John Maynard Harlan, an attorney, and Elizabeth Flagg Harlan. John Marshall Harlan II came from a long line of political servants, of whom his grandfather is probably most notable. John Marshall Harlan I, whom John Marshall Harlan II was named after, sat on the Supreme Court as an Associate Justice from 1877 to 1911. Johan Marshall Harlan II is best remembered as the lone dissenter of the separate but equal...
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  • John Marshall Harlan II John Marshall Harlan II John Marshall Harlan II John Marshall Harlan II John Marshall Harlan II was born on May 20, 1899 in Chicago, Illinois. He was born to John Maynard Harlan, an attorney, and Elizabeth Flagg Harlan. John Marshall Harlan II came from a long line of political servants, of whom his grandfather is probably most notable. John Marshall Harlan I, whom John Marshall Harlan II was named after, sat on the Supreme Court as an Associate Justice from 1877 to 1911. Johan Marshall Harlan II is best remembered as ...
  • Gideon Gideon gideon Gideon v. Wainwright What most people don\'t know is that in the past those arrested for a crime did not really have the right to an attorney unless they had money. This became a right because Clarence Gideon, a prison inmate who did not have the money for a lawyer, took a pencil in his hand and wrote his own petition to the United States Supreme Court. Clarence Gideon, without a lawyer, took his case to the highest court in the country and won important rights for all of us. In 1961, C...