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Book Review: Gideon’s Trumpet
Anthony Lewis’ book, Gideon’s Trumpet, explains the process by which criminal
defendants can have the right to an attorney even if they cannot afford to acquire one. Written in
1965, Lewis’ story describes how Clarence Earl Gideon invoked the Fourteenth Amendment of
the United States Constitution, which says that every man has the right to counsel if accused of
crimes, to grant the right of people who cannot afford counsel that same right to be appointed
representation when they are committed of crimes. Because many defendants are unable to pay
for attorneys, this case was a significant change in the United States judicial system, and
Anthony Lewis tells the story very well, including providing a background
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Accused of a
number of crimes that he feels he did not commit, including robbery at the Bay Harbor
Poolroom, Gideon wants to be represented by an attorney, but he cannot afford one on his own.
Because of this reality, Gideon faces the challenge of staying in prison without being able to
plead his own case. By studying the United States Constitution, Gideon realizes that he should
be able to have an attorney at his trial despite not being able to afford one. Lewis’ explains, “Or
not least, it might be a question arising under the Constitution - whether, for example, a man had
been convicted of crime in a trial so unfair that it could not be called 'due process of law.' That
was Gideon's case” (p. 15). Once he realizes that he has some foundation under the United States
Constitution, Gideon submits this request to the Supreme Courts twice – the first time incorrectly
and unsuccessfully – but after a second time, it reaches the Supreme Court, shedding light on the
fact that many prisoners do not have access to legal literature or any advice to defend themselves
whether or not they committed the crimes of which they were
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There is also the Chief Justice of the Supreme Court that accompanied that decision and
confirmed that due process and the rights of defendants needed to be improved in the United
States.
Based on the story, it is clear that there are a number of significant themes. The first and
most important theme of Gideon’s Trumpet is the right to justice. Gideon believes that in the
United States, especially as stated in the United States Constitution, that he has the right to an
attorney, and by being represented, he has the right to justice. The issue prior to Gideon’s
struggle and efforts is that justice is only available to the people who can afford it. Because it is
required to have access to legal literature or to be able to pay for an attorney, only those who
have money and access are able to seek justice. Gideon, who comes from humble means, is not
able to acquire the tools to obtain justice as easily as other more affluent defendants in the
criminal system. Therefore, the quest to prove that all men – not just men with money and access
– should have that right to justice is the central theme of the
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
In Gideon's Trumpet Anthony Lewis documents Clarence Earl Gideon's struggle for a lawyer, during an era where it was not necessary in the due process to appoint an attorney to those convicted.
Gideon did a horrible job of defending himself in court. He was found guilty of breaking and entering and petty larceny, which was a felony. Gideon was sentenced to five years in Florida State prison mostly due to his prior...
Gideon was born in Hannibal Missouri on August 30, 1910. After completing the 8th grade, he ran away from home beginning a life as a drifter. By the age of sixteen he had compiled a profile of petty crime spent a year in a reformatory for burglary before he found work at a shoe factory. At the age of eighteen, Missouri police arrested Gideon for robbery, burglary, and larceny. The court sentenced him to ten years in prison but he only served three. For the next thirty years, he lived a life of poverty and crime. Gideon’s crime record included prison terms at Leavenworth Kansas for stealing government property, in Texas for theft, and again in Missouri for stealing, larceny, and escape. In between prison terms, he managed to get married four times; he had six children, managed to stay out of jail until his arrest in 1961. Given his crime record and proximity to the pool hall, Gideon was the perfect suspect for this crime (Wikipedia, 2013).
Clarence Earl Gideon was arrested in 1961 and charged with breaking and entering a pool hall with intent to commit theft, by taking money out of vending machines. What he did at the time was considered a felony. When it came time to have the trial he did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request saying that under Florida state law counsel can be appointed only in a capital offense. Since Gideon didn’t have a lawyer and was not educated to defend himself he lost easily to the prosecution. Gideon was then sentenced to five years in prison. He then filed out a writ of certiorari, which is a petition of appeal to the Supreme Court of the United States asking for them to review his case. The Court granted Gideon's request and appointed Abe Fortas to represent him as his lawyer.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
seems as if Reuben will not get his smicha and Michael will never be cured.
Mason, A., & Stephenson, D. (2012). American constitutional law. (16 ed., pp. 84-86). Boston: Longman.
The Court also opined that being entitled to a hearing during any part of the criminal justice process is a Constitutional due process right. As far as having legal representation during a parole violation, the Court ruled that “the Constitution does not require that the defendant be provided proper representation”, but should be applied on a case by case basis (Oyez, n.d.). Justice William Douglas who was the one dissent stated that he believed that Scarpelli should have had legal representation because he stated that he made the confession under duress” (Case Briefs,
In the provision of their services, over the years, the lawyers have come to appreciate the fact that some of their potential clients lack the capacity to pay for those services. This has led to a rise of what is termed as pro bono services. These services are offered professionally without a fee. Safe for pro bono services where the accused is incapacitated to raise legal fees, he or she can plea to the court to provide offer pauper briefs. In this scenario, the court exempts the applicant, once proved to be a pauper from court fees.
Money is power, and its proved often in the courts. Those who have money can afford expensive attorneys unlike the common folk. This lin...
The right to a court appointed attorney is paramount to the civilized justice system. Despite this, the system is not without its faults. Unfortunately, for a variety of reasons both proximate and remote, central and ideological, many court appointed attorneys are overwhelmed with cases. Some have as many as thousands and more still have hundreds of cases. Further more, many court appointed attorneys are amateurs, fresh out of law school with no formal practice of their own. To add further insult to injury, many are often so ill-equipped to handle their cases they opt for their clients to plead guilty and accept lesser sentencing rather than risk a long, arduous battle.
Rehnquist, C. J. (1997). Supreme Court. Retrieved June 12, 2010, from Cornell University Law School Web site: http://www.law.cornell.edu/supct/html/96-110.ZS.html
This lack of financing significantly reduces the resources available to public defender’s offices, and thus the quality of defense they can provide for their clients. However, Benner (2010), argues that while the funding needs to be increased for providers of legal services for indigent clients, the threat of withdrawing federal reimbursement for attorneys who do not abide by the maximum recommended case load, would act as some strong incentives for voluntary compliance with these workload level established by state centers (Benner 2011).
He spent over twenty years in jail for a triple murder, in a bar, he did not commit.