Constitutional Due Process Before entering the United States Supreme Court building, you may look up and see the words “Equal Justice Under Law.” The idea that anyone in this country can have their complaint heard and judged is all too important to how we continue to develop as a society. But is justice really fair? Is our criminal justice system in particular, due process of law, equally applicable to all citizens or is it a flawed or deficient idea? Consider, for example, the case of Gideon v. Wainwright (1963) and the historic decision that established that everyone had the right to a defense lawyer. The Gideon case is so important because it highlighted the injustice and unequal treatment citizens received from state courts. Gideon, an ordinary man, was charged by the state of Florida with breaking into a pool hall with the intent to commit a misdemeanor, which under Florida law is actually a felony. He appeared before a judge and asked to be represented because he couldn't afford it on his own. His request was rejected. Gideon continued to represent himself in court and was subsequently convicted and imprisoned. Following the laws of the land, he sought relief and filed a writ of habeas corpus based on the violation of his constitutional rights. He lost that argument too. The reasoning behind the denial was because Florida law only provides attorneys for capital crimes. His repeated attempts to obtain equal treatment under the law continued, and he asked the U.S. Supreme Court for relief. His fight went directly against an earlier court decision in Betts v. Brady (1942) who essentially decided that a state was not required to provide an attorney in some circumstances because it did not violate due process. Held in the Betts decision......half of the paper......this is flawed, but realistically allows us to adapt to changing social views. Works Cited Adler, F., Mueller, GOW, & Laufer, W. S. (2012). Criminology (8th ed.). McGraw-Hill. Retrieved from http://online.vitalsource.com/#/books/9781308000893/pages/94242989Sandefur, T. (2012). In defense of substantive due process or the promise of a legitimate rule. Harvard Journal of Law and Public Policy, 35(1). 283-350. Retrieved from http://search.proquest.com/docview/922364239?accountid=8289Peak, K. J. (2010). Administration of Justice: Police, Courts, and Corrections Management (6th ed.), Upper Saddle River, NJ: Prentice HallBetts v. Brady, 316 US 455 (1942). Retrieved from https://supreme.justia.com/cases/federal/us/316/455/case.htmlGideon v. Wainwright, 372 US 335 (1963). Retrieved from https://supreme.justia.com/cases/federal/us/372/335/case.html