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Rating:  -
Gideon's Trumpet is an account of Clarence Earl Gideon -- an indigent prisoner who took his Habeas case to the Supreme Court and spawned the 60's federal and state movement to establish legal representation for the outcast. His case, Gideon vs. Wainwright (1963), resulted in the Supreme Court's unanimous decision to overturn a 21-year-old ruling in Betts vs. Brady, and secured the right of legal representation for the accused who do not have the means to pay for a counsel in the United States.
Previous to the Gideon ruling, the Supreme Court had determined that the states should, more or less, decide whether or not the accused needed representation. As a result, in many instances, the lack of a specific federal position and ambiguous guidelines allowed the states to legally prosecute indigent defendants without offering them any legal protection. That is, until Clarence Gideon managed to take his case all the way upto the highest court in the U.S. and win.
Although the case history is significant in its own right, Gideon's Trumpet is narrated with enough sidenotes about the judicial process and social context that it offers a broad meaningful look at the legal system for the general public. Of all the dry, law-related books that are out there, this is one of the rare few that I can safely recommend to my friends.
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This outstanding book dissects Gideon v. Wainright, the landmark 1963 Supreme Court case which held that indigent criminal defendants are entitled to legal counsel at government expense. Lewis tells the story from the viewpoints of the lawyers, the judges, and Gideon himself. He mixes legal history with human interest stories; his writing is unfailingly clear; and he provides a wonderful primer on Supreme Court litigation. The particular issues in Gideon are no longer of burning public interest, but the broad message that our criminal justice system must protect basic human rights is more relevant than ever in 2005. Lawyers and laymen alike will enjoy the book. Six stars.
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I was required to read "Gideon" as part of my summer reading in preparation for my first year of law school, and I am very glad that I did.
It is a very accessible read, with enough narrative for those who usually read fiction, but enough technical information about the judicial process to keep the attention of a reader mainly interested in the nuts and bolts of how Supreme Court cases come to be.
It is a great introduction to the court system in general, the supreme court, and the issue of right to counsel.
The only caveat I would have is since the chapters vary from narrative to explanations of procedure some chapters will be easier to read than others--depending on your interest.
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This is a fantastic story about one man's struggle for justice. Gideon was a poor, career criminal who was denied counsel in Florida for a charge of petty theft who challenged his right to an attorney all the way to the Supreme Court.
Like all court cases, there are long, human stories that lead up to the actual trial, but unfortunately those are seldom told and the only record we are left with is court opinions. In this book, however, a New York Times reporter did a staggering amount of research to present Gideon's personal history, as well as the development of his case, the preparation of his lawyers, the actual legal machinations that led to him winning his case before the Court. It is triumphant and interesting story for most readers, but it is also very educational and inspirational for aspiring lawyers who really don't understand the way the law works in the real world and needs a reminder that the law is really about helping people. I would highly recommend this book.
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In 1961, Clarence Earl Gideon was charged in the State of Florida with the offense of burglary, a felony. He asked the court to appoint an attorney to represent him. The judge refused, telling Gideon that Florida only provided counsel in capital cases. So Gideon went to trial, representing himself, and was convicted.
From the Florida State Prison in Raiford, in 1962, Clarence Earl Gideon wrote a letter to the United States Supreme Court, asking that his conviction be overturned on the grounds that he should have been given a lawyer. He was fighting an uphill battle. The Court had previously ruled in Betts v. Brady that the 6th Amendment right to counsel did not apply to the states. Gideon was asking the Court to change its mind, just twenty years later.
The Court agreed to hear his case, and appointed Abe Fortas to brief and argue it. The rest is history. Gideon won his case (and at retrial, with counsel, was acquitted), and indigent criminal defendants are now guaranteed the right to counsel. 2003 marks the 40th anniversary of Gideon v. Wainwright, which is the foundation stone of indigent defense throughout the United States).
Anthony Lewis was for many years the New York Times Supreme Court correspondent. His work covering the Court was knowledgeable and incisive. In this book, he explains clearly and simply the legal history that Gideon and Fortas had to face, and how this historic change came about.
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