Gideon's Trumpet - Essay Example

? Gideon’s Trumpet Table of Contents I. Introduction 3 II. Summary 3 III. General Analysis 5 IV. Principles/Characters 6 V. Evaluation 7 VI. Recommendation 8 Works Cited 9 I. Introduction This paper summarizes my learnings from ‘Gideon’s Trumpet’ by Anthony Lewis. Focusing on a summary of the work, this paper also discusses the characters that are most to my liking and the reasons for such; and the way the author develops the key idea and the story as a whole. The paper then also proceeds to conduct an analysis of the key themes of the work. It includes an evaluation of the appeal of the work to me, whether that appeal was on a logical or an emotional level. The paper weighs in on whether this work to me is worth recommending to others or not, what I would tell them prior to and after reading the work (Lewis; Sessions). II. Summary In ‘Gideon’s Trumpet’ we have the story of Clarence Earl Gideon, who in the account of Lewis launched a campaign through the letters to the Supreme Court for the right to have counsel for his case. On the one hand this is the key thread of the book, although a parallel thread looks at the general process for appeals in the Supreme Court. At the heart of the story, meanwhile is Gideon’s letter to the Supreme Court asking the court to essentially have his larceny conviction overturned on the basis of his not having been assigned a lawyer during his trial. Gideon was then in his fifties at that time. Prior to his larceny conviction, for which he wrote the Supreme Court asking for justice, Gideon had been sent to prison four other times, for various felonies. As a man Gideon’s problem was related to his being unable to hold down work for any given time, so that he drifted, and supported himself by occasionally engaging in petty thievery, as well as gambling. The impression that people who got to know him personally though, including the authorities, was that he was a harmless man, who had been marginalized by society (Lewis; Sessions). At the heart of the argument of Gideon, it is said, is the Fourteenth Amendment of the Constitution, and whether or not the amendment clause relating to due process translated to a right to counsel for those accused of felony crimes. This has been deemed a federal concern and thus a candidate for hearing by the Supreme Court, Gideon having complied with the filing requirements for very poor petitioners such as himself. With the Supreme Court having determined that it is in their jurisdiction to hear Gideon’s case, they then proceed to assign a lawyer to act as counsel to Gideon before the Supreme Court, in the person of a top lawyer named Abe Fortas. Betts v Brady was deemed as an important precedent case to be considered in deciding on Gideon’s petition and the right to counsel doctrine under the Fourteenth Amendment. There is a chapter that further explores the Supreme Court judges’ individual stands on following precedent or interpreting the literal meaning of the Constitution and striking down laws and precedents that contradicted the letter of the Constitutional law. This is a prelude to Fortas crafting a strategy for Gideon’s defense, and looks at the nuances of judges arriving at their decisions at the level of the Supreme Court. On the other hand, looking at Gideon’s case in greater detail, the reader is introduced to certain facts, including that he had been charged with breaking and entering as well as larceny in connection with the Poolroom at Bay Harbor facility in June 1961, in the community where he lived at the time, the Bay Harbor Community. Gideon’s own assessment of his fate with the justice system in Florida is that of a system that essentially was prejudicial in its application of the process against those who are marginalized. This assessment is given by Lewis together with the narration that Gideon had been exemplary in his behavior in prison, often being of aid to those who had problems with dealing with the legal aspects of their crimes (Lewis; Sessions). Lewis then proceeds to discuss precedent law relating to the case, chief among them Powell v. Alabama, Johnson v. Zerbst, and Betts v Brady, that all in their turn affirmed the right to counsel for indigents accused of capital crimes; for those who are accused in federal crimes; and in Betts v. Brady the affirmation of the principle of “fundamental fairness”. At the end of it, Lewis analyzed the need to go beyond just the provision of counsel, to the provision of counsel that is good and effective, running smack into issues of funding to get good and effective counsel for those who are poor. In the end, the case of Gideon was put into retrial, and there he was found innocent of the charges levied against him (Lewis; Sessions). III. General Analysis There are several key themes that are explored in some detail by Lewis in the book, and among the most central revolve around defining the bounds of due process as guaranteed in the Fourteenth Amendment. In the most fundamental sense, the case that Lewis expounds deals with defining due process and what it means for indigent defendants who are not given counsel due to their bereft financial condition. Is it due process for a man who is ignorant about the law, and who has no money, to stand trial without the benefit of competent counsel? What are the obligations of the state under such circumstances as specified by the law? Moreover, as Lewis notes, with regard to the provision of counsel, the effectiveness and competence of counsel matters as much as the provisioning act itself. Taking a step back, this is really about whether America was serious about procuring justice for all, even for those who are the most marginalized and the most unable to fend for themselves without the help of government. This is due to the financial implications of providing effective counsel for all who are in the same indigent position as Gideon. On the other hand, if America was really serious about due process, then costs would have to be shouldered as something intrinsic to the proper administration of justice (Lewis; Sessions). Another key theme that was explored in the book was due process as it was practiced in the Supreme Court, and that due process meant following procedures and of judges displaying probity and high-mindedness in the interpretation of the fundamental laws and of precedents to bring to bear on the case of Gideon. In the discussion of the appeals process by Lewis the reader is able to get a glimpse of how a penniless man in prison can get his voice heard in the highest court of the land, and get justice even if belatedly. Also a theme that is tied to this is the notion that the Supreme Court is a passive arbiter of the law, and can only act on those cases that are brought to its attention and to its consideration for judgment, making it necessary for men like Gideon to try and make their case and to try and reset the course of the justice system in America. Sure it is a long an d drawn out process, but in the case of Gideon the theme is that the system works (Lewis; Sessions). IV. Principles/Characters I liked the way Lewis treated the material, as both a kind of gripping suspense story and human interest story, as well as a running commentary into the appeals process in the Supreme Court and the way the American justice system works in general. I liked Gideon, not because he is a criminal, but because of the way he was in a way a very endearing figure especially in the way he tried to help people in prison, and in the way he had a kind of stubborn belief that the justice system works and that he could do something about his condition even in prison. It is amazing that in spite of his many stints in prison he somehow did not fall into despair and kept believing that somehow he would be able to get something going with his letter. Aside from him I also like Fortas a lot, for his high mindedness handling an indigent case like Gideon’s. I also like Lewis for the general excellence of his work. With regard to the treatment of the material, I liked that Lewis made the book as part storytelling and part discussion of the processes within the American legal system (Lewis; Sessions). V. Evaluation I can’t help but be drawn to the very interesting character of Gideon. I think the character study that Lewis attempted with the work is one of the most outstanding aspects of the book, and definitely one of the things that worked well as far as I am concerned. The appeal of the book was this identification with the character of Gideon, who deserved to be in jail for choosing to live a life on the margins rather than playing by the rules, engaging in criminal activities to support himself rather than getting a job and being of service to others. On the other hand without his dogged determination to reach the Supreme Court with his letter there would not be this landmark case to shift the landscape of American justice, so to speak, in favor of those who are marginalized like him (Lewis; Sessions). VI. Recommendation I would definitely recommend this book to others, because of the human interest element, and also for the very good discussion on the American justice system in general and Lewis’ very nuanced discussion on the appeals process and decision-making process in the Supreme Court. I would tell readers to read up on Gideon v.Wainwright prior to reading the book, and to further read up on the case and how thinking about the landmark case has evolved through the years (Sessions; Lewis). Works Cited Lewis, Anthony. Gideon’s Trumpet. Knopf Doubleday Publishing Group. 1989. Google Books. 24 April 2013. Sessions, Ben. “Lewis Anthony (1964). Gideon’s Trumpet”. Georgia State University. n.d. Web. 24 April 2013. Read More