Essay On Gideon's Trumpet

Superior Essays
Gideon’s Trumpet
In 1961, a case appeared to the United States Supreme Court that challenged a well-accepted precedent established by the court almost 20 years prior. The case being discussed in this book is Gideon vs Wainwright, in which the defendant is a fifty-one-year-old white man in Florida. Gideon was accused of petty larceny, and eventually found guilty in court. Gideon, though, was representing himself, as he could not afford an attorney and was never provided with one. Gideon feels as though he was denied due process of law, as he simply could not afford an attorney, and therefore he was unable to effectively defend himself in court. Therefore, he files a petition to the Supreme Court, and mails his request from the Florida State
…show more content…
Lewis presents all relevant facts, opinions, and events without any personal bias, as he is trying to allow the reader to accurately understand how the Supreme Court managed this case, and all of the behind-the-scenes actions that were taken in order to achieve justice. The book speaks about the 1960’s, as this is the period during and after this case, and where the most immediate consequences of the case can be acknowledged. Also, Lewis briefly touches upon some of the Court’s history, including a short time in the 1920’s. Clarence E. Gideon felt that his treatment by the Court violated the 14th Amendment, which he believed allowed him to be provided with an attorney. Gideon was seemingly lucky, since around the time he filed his petition, some of the Justices were already previously thinking about the issue of whether or not a defendant is guaranteed legal counsel. Therefore, when Gideon’s case was reviewed, it fell perfectly into the current mindset of many justices, and was much more likely to be accepted, as it, of course,

Related Documents

  • Improved Essays

    In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…

    • 262 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    FACTS: Petitioner was charged in Florida with breaking and entering with intent to commit a misdemeanor; this offense is a felony in Florida. The petitioner asked the trial court to appoint counsel, but the court denied the request. The petitioner was found guilty and sentenced to 5 years in prison. The petitioner then filed in the Florida Supreme Court for habeas corpus arguing that the refusal of the trial court to appoint counsel denied him of constitutional rights, but was denied the relief. The case before the U.S. Supreme Court is a Writ of Certiorari.…

    • 372 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Clarence Gideon's Trial

    • 133 Words
    • 1 Pages

    Clarence Gideon had a trial for breaking and entering and he was convicted guilty for stealing beer, wine, and Coca cola . He was sent to jail and he wrote a letter to the Supreme Court after two years explaining what had happened. The Supreme Court looked over it and gave Gideon a second trial except this time he had a lawyer to represent him. instead of himself. He went to the trial and his lawyer called multiple witnesses to the stand and he explained how Lester Wade was there and saw through the high windows and was standing guard for his friends.…

    • 133 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    In the case of US vs. Gonzalez-Lopez lies many facts within the case. Some of the reliable facts is that a man named Cuauhtemoc Gonzalez-Lopez was charged with conspiracy to distribute more than 100 kilograms of marijuana. His family hired him an attorney by the name of John Fahle to represent him but Lopez had another person in mind. Lopez went ahead and hired attorney Joseph Low to represent him in the hopes of including him with Fahle or instead of. As time went on both attorneys represented Lopez but the Magistrate Judge only accepted Low’s provisional entry of appearance and allowed him to participate only if he immediately file a motion for admission pro hac vice.…

    • 556 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    When ruling on the case, John Marshall had three issues and questions…

    • 517 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Conquest By Law Analysis

    • 1778 Words
    • 8 Pages

    Lindsay G. Robertson's Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands centers on the landmark 1823 Supreme Court case Johnson vs. M'Intosh. Robertson's research provides previously undiscovered knowledge of the circumstances surrounding the case, placing the case in a new context. Robertson tells the story of a costly mistake, one made by the American judicial system but paid for by indigenous people who to this day suffer from the effects of American settlement. As reviewer Christopher Tomlin writes, "Robertson's narrative is far less concerned with parsing its legal doctrine, than with the historical circumstances of the case itself." Robertson begins his story in the middle of the 18th century,…

    • 1778 Words
    • 8 Pages
    Improved Essays
  • Great Essays

    Gideon subsequently stood on trial for these charges, appearing in court without counsel. He requested that the court appoint him an attorney, in accordance with his right as stated by the Sixth Amendment. However, according to Florida state law, an attorney can only be appointed to a defendant in capital cases, and as a result the court did not appoint him one. Gideon represented himself and was later found guilty and was sentenced to five years in prison.…

    • 1252 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    The Scopes Trial occurred in Dayton, Tennessee in 1925. Although, despite the common idea that the trial was a true incident of unlawfulness, there lies within a controversy that resonates the idea that this trial contained no true legal value, it simply allowed for more tourist dollars and publicity in the small town of Dayton (Singham 23). In all actuality it is exceedingly unclear whether John Thomas Scopes truly taught evolution during his substitute teaching career (26-27). In support of this controversy, proof exists that instead of continuing to jail after his arrest, Scopes spent his time playing tennis and swimming (26). During his time about the town, Scopes was spotted associating civilly with a member of the prosecution team that…

    • 1151 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    I choose to do my research paper on one of my favorite court cases in American history Miranda vs. Arizona case. I’m choosing this court case because it brings up two amendments that tend to be overlooked by law enforcement comes around and one of the most well-known sayings. First I will be giving a quick background about those two amendments and then I will start talking about the case. The issues about this case involved the fifth and sixth amendment. Let me explain both of these amendments.…

    • 1860 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Procedural Due Process

    • 354 Words
    • 2 Pages

    The Fourteenth Amendment extended the liberties offered federally by the Fifth Amendment to the state level of government, which established the Due Process Clause (Chapman & Yoshino, n.d.). Furthermore, the Fourteenth Amendment guarantees procedural due process, the individual rights listed in the Bill of Rights, incorporated against the states, and substantive due process (Chapman & Yoshino, n.d.). In the case of In re Gault, Gault was confined to an Industrial School until his twenty-first birthday, and the Supreme Court determined the sentence was a violation of procedural due process afforded by the Fourteenth Amendment (Cornell Law School, n.d.). Consequently, procedural due process outlines the processes the government must follow before depriving an individual of life, liberty, or property (Chapman & Yoshino, n.d.).…

    • 354 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Question 1 A. 370 U.S. 660: Robinson v. California (No. 554) Argued: April 17, 1962- Decided: June 25, 1962 The case involved Robinson and the state of California. He had violated Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp.…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Gideon`s trumpet is a movie explaining how a man named Clarence Earl Gideon was accused of a robbery into a bar. So they took him to court and he asked for a lawyer. The judge would not give him one but the 13 amendment said if you can`t pay for one you can get one anyways. So he went to prison and they told him and he mailed the supreme court to tell them what happend to him so they gave him a lawyer and the lawyer helped him out a lot. He was not…

    • 95 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    The book Ordinary Injustice How America Holds Court is a novel written by attorney and journalist Amy Bach about the American legal system, and how it was become flawed. In four chapters, she discusses many different cases where injustice and corruption has occurred in the United States legal system all over the country. I chose to focus on a chapter titled “A Troy Champion” which is the second chapter in the novel written about a beloved city council president, and former judge, named Henry R. Bauer from the city of Troy who is not as just as everyone has come to believe. Bach begins the chapter by discussing how popular Bauer had become. “To walk the streets with Bauer was to accompany a celebrity” (Bach, 77) she says.…

    • 1532 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Olaf Dietrich: Case Study

    • 1537 Words
    • 7 Pages

    What point of view did the group/individual have on these issues? At the time he has didn’t access legal representation. 6 What laws existed at the time of this case? How did they impact on the individual/group?…

    • 1537 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Powell V. Alabama Case

    • 808 Words
    • 4 Pages

    The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…

    • 808 Words
    • 4 Pages
    Improved Essays