Gideon\'s Trumpet Book Reaction: Gideon\'s

Gideon's Trumpet

Book Reaction: Gideon's Trumpet

Gideon's Trumpet by Anthony Lewis (1964) is the story of a very ordinary man whose legal activism changed the United States judicial system. Although the story begins with an example of the failures of the justice system, ultimately the book emerges as a celebration of American justice, because it shows the ability of America's legal system to change and grow -- and admit its past mistakes. At the beginning of the book, Clarence Gideon is an ordinary, petty criminal who has been found guilty of a burglary he did not commit. Despite the weak evidence against him, Gideon was found guilty because he did not have an attorney to represent him properly in court.

Although Gideon tried to defend himself, he did not have the legal expertise and techniques to act as his own advocate. However, Gideon still possessed an astute mind and tried to appeal his case. His plea was heard by the Supreme Court, and eventually, as the result of the court's findings in Gideon v. Wainwright, no one can be denied legal representation, simply because they do not have the money to pay for an attorney. The forma pauperis petition made against the state, Gideon's plea to put forth against the State of Florida without having to pay the cost of the litigation if he lost, is still used by defendants today. There could someday be another 'Gideon,' a poor person who uses the law alone to secure his rights, rather than a legal agency, political activist group, or other financial source.

Gideon's argument makes logical as well as legal sense. Why should someone, simply because they have more money, have a better chance of being found innocent than someone who is poor? Of course, greater financial largesse can mean someone can afford a better attorney, so the Gideon decision did not make things equal. But although it did not make the justice system in America equal, it did make things more equal, since no one could be denied representation at all, simply because of poverty. Because of the Gideon decision, most of the states were forced to expand their system of public defense.

The book is also a telling reminder that the individuals who help win us our rights as Americans are not always 'attractive' people wearing white hats. Gideon is not a man one necessarily finds admirable, given his past life of crime. But simply because someone does not personally approve of a defendant, does not mean that the defendant should be found guilty because of their lack of legal expertise. Just because someone is poor, or has committed a crime in the past, does not mean that they should be denied their rights. They should be viewed in the same way the law as someone who is wealthy, and to make a case in the adversarial system of justice requires the legal knowledge of an attorney.

The book paints a picture of America that is, at least in terms of its temperament, much more liberal than it is today. The U.S. Supreme Court under Chief Justice Warren was far more open-minded about the idea of expanding defendant's rights. Even many of the states supported the idea of a right to counsel for the indigent, as State's Attorney Generals reasoned that providing defendants with legal representation was cheaper in the long run than navigating a lengthy appellate process, as defendants contested their cases.