Regardless of their financial resources, everyday people across the nation are brought to trial and are entitled to a fair trial according to the Sixth Amendment. In Clarence Earl Gideon’s case, the state of Florida accused him of a felony but he couldn’t afford an attorney. As a result, Gideon had to navigate the Florida court system alone without any understanding of legal procedures or how to present a convincing argument. Unfortunately, due to his disadvantage, Gideon was unable to secure a victory and received a five-year prison sentence.
Despite the supposed equal treatment under American law, Gideon’s experience was unjust. However, upon reaching the Supreme Court of the United States, he obtained legal representation and challenged Florida to fight for his rights. Marc Galanter believed that Gideon’s appeal to the Supreme Court would be impossible to win due to his limited resources and disadvantageous position. Despite losing in state court, Gideon ultimately prevailed in the federal court system, showcasing that individuals with fewer resources can still triumph.
The “logic of the triad” is a method to efficiently resolve disputes by applying the “rule of law”. This ensures that legal disputes are resolved based on existing rules and procedures, regardless of the litigants’ individual status. However, Gideon faced social disadvantage as a poor man and legal disadvantage as a felon. The ruling in Betts v. Brady (1942) guaranteed counsel for litigants under certain circumstances (Gideon 8).
Gideon, however, did not fall under the category of a “special circumstance” if the rule of law is intended to disregard status. Gideon was deprived of legal representation, which placed him at an unfair disadvantage as he struggled to effectively communicate with the court. Meanwhile, his opponent in the case, the state of Florida, imposed further consequences and disadvantages. According to Galanter’s analysis, entities like the Florida State Court who frequently participate in legal proceedings have several advantages that grant them a superior position. Their prior experience and abundant resources equip them with a compelling advantage within the courtroom.
Gideon, however, overcame his limitations as a one-shooter by applying for a writ of certiorari, which was approved by the Court. As a result, Gideon was assigned Abes Fortas as his attorney. As Galanter suggests, lawyers themselves act as representatives (Galanter 167). Fortas’ experience and expertise were crucial for both the Court and Gideon. It is notable that “the Court naturally tends to select individuals who are personally known to one or more justices or have a strong reputation” (Gideon 49), which ultimately worked in Gideon’s favor.
The establishment of a sense of equality and increased power and credibility for the initiator was achieved by Florida through its Attorney General representing the state, defending and preserving state power. The lawyer-client relationship between the federal and state court, as well as Fortas and Gideon, was stronger. This is because a closer relationship offers greater benefits in accumulated expertise and guidance in overall strategy (Galanter 205). Additionally, Gideon lacked the financial means and influence to sway public opinion.
Today, the media tends to support the smaller party, influencing public opinion and playing a significant role in persuading the values of a judge and determining a case. Judicial decision-making is challenging as judges determine the path to resolution. The Court can interpret the law literally or consider the constitutional intent of the framers. Historical context and precedent can also shape outcomes, alongside the values of the individual judge in the current political context. During the Gideon v. Wainwright (1963) case, there was a prevailing perception of a dynamic Court.
During the Civil Rights Movement, significant legal changes were made. The judges at that time had a proclivity for favoring minority groups with valid claims, rather than adopting a majority-based approach. Moreover, the Supreme Court justices were willing to deviate from previous rulings and establish new fair laws, leveraging their extensive policy-making expertise. The lifetime tenure of federal judges also played a vital role as they were not concerned about losing their positions on the Supreme Court. This allowed them to make decisions that would enhance civil liberties and improve society as a whole (Cover 22).
The controversial Brown v. Board of Education in 1954 is a prime example that overturns Plessey v. Ferguson, asserting that “separate but equal is inherently unequal”. It can be argued that with a Dynamic Court perspective and competent legal representation, the underprivileged (“have not”) had a chance to prevail. Ultimately, Gideon emerged triumphant. Conversely, one may claim that Gideon did possess resources. After all, Abe Fortas, a skilled and respected attorney acquainted with litigation rules and strategies, supported him. Additionally, he had the backing of the Dynamic Court.
Gideon had the ability to impose a significant financial burden on the government, which is ultimately supported by the people, in order to have his case heard. However, he was initially denied the necessary resources. During his first court appearance, after being accused of breaking and entering with the intent to commit petty larceny, Gideon was not given legal representation. In Florida, laws did not require counsel to be appointed for non-capital cases. As a result, Gideon was left without defense and could only argue that it wasn’t fair (Gideon 103).
Gideon had to navigate the justice system in order to secure assistance that could strengthen his case before the Supreme Court. According to Justice Harlem, a compelling argument can often be the deciding factor in a trial, regardless of the quality of written legal documents (Gideon 107). Gideon was considered a disadvantaged individual, lacking the same level of representation and support as the state of Florida. Nonetheless, the trial held great significance. Presently, the Sixth Amendment guarantees a fair trial for all parties involved, ensuring the right to legal counsel, including effective representation.
Despite a constitutional change, societal change also occurred. The question arises, where would the lawyers be sourced from if everyone, including those who cannot afford it, is entitled to legal representation? Changes in laws have a significant impact on society. In 1963, a bill was introduced in the House of Representatives to provide compensation for lawyers (Gideon 206). The source of this funding? Taxpayers. Clearly, freedom and civil liberties come at a cost. In theory, American citizens are obligated to financially support the court proceedings of others, including criminals, felons, and murderers.
Although both the “haves” and the “have nots” do not gain an advantage in theory, the increasing specificity and detail of laws over time reduces misunderstandings. The Constitution includes certain areas of vagueness, resulting in varying interpretations. One example is the lack of clarity surrounding the Second Amendment, which continues to generate debates on gun control today. Gideon’s case introduced uncertainty regarding the due process and equal protection clause. As laws advance, society becomes more organized and individual freedoms are clearly defined, ultimately leading to a decrease in disorder.
By empowering the less privileged, we are strengthening American society and promoting a broader sense of freedom and worth. The United States has always been recognized as a land of opportunities, where significant changes can be made through collective efforts or individual initiatives. Gideon, an impoverished and convicted criminal, challenged all obstacles and fought for justice within the American legal system. Despite starting with a weak argument, his determination resulted in the establishment of a revolutionary civil right. Regardless of the sacrifices required, America should never abandon its principles of liberty and equality.
In order for laws to effectively adapt to societal changes, they must remain strong. The act of writing holds the power to shape legal precedents. Despite the obstacles presented by our differences and diversity, every individual has the ability to make a meaningful impact. Even those who may lack certain resources or advantages have the potential to incite change and ultimately achieve success.
Work Cited Page
1. The book “Justice Accused: Antislavery and the Judicial Process” (1995), written by Robert Cover, covers pages 1-7.
2. Marc Galanter’s article “Why the ‘Haves’ Come Out Ahead” can be found in the book “The Structure of Procedure” (1974), on pages 199-211.
3. Anthony Lewis authored “Gideon’s Trumpet” (1964), published by Random House in New York.
