quotes

"There was very little in what he had sent to the Court to portray Clarence Earl Gideon the man. His age, his color, his criminal record if any - not even these basic facts appeared, much less any details for a ore complete portrait. Because the case came from the South, one's assumption might have been that he was Negro. He was not. Gideon was a fifty-one-year-old white man who had been in and out of prisons much of his life."
Chapter 1, Page 5

"Or not least, it might be a question arising under the Constitution - whether, for example, a man had been convicted of crime in a trial so unfair that it could not be called 'due process of law.' That was Gideon's case."
Chapter 2, page 15

"The one thing notable about the response, to an outside observer, was its assumption that the rule of Betts vs. Brady was inviolate. The possibility that the Court might be prepared to overrule it was never considered."
Chapter 3, Page 39

"As a formality, the poor man whose case is to be heard by the Supreme Court must ask for a lawyer. The chief deputy clerk of the Court, Edmund P. Cullinan, sees to it that he does ask. A distinguished gray-haired gentleman who joined the Clerk's Office while still at student at Georgetown Law School in 1930, and who has become an authority on how to proceed before the Court, Cullinan has the recurrent nightmare that some prisoner will want to argue his own case."
Chapter 4, Page 48

"An Arnold, Fortas and Porter associate said later: 'We knew as soon as we read that transcript that here was a perfect case to challenge the assumption of Betts that a man could have a fair trial without a lawyer. He did very well for a layman, he acted like a lawyer. But it was a pitiful effort really. He may have committed this crime, but it was never proved by the prosecution. A lawyer - not a great lawyer, just an ordinary, competent lawyer - could have made ashes of the case."
Chapter 5, Page 65

"They gave the state courts discretion, but they don't use discretion. They just say no."
- Gideon, Chapter 7, Page 101

"The whole thrust of recent decisions on criminal procedure was at war with the Betts philosophy of letting the states manage their trial procedures as they thought best. But these intimations or mortality for the twenty-year-old doctrine did not mean that Forta had no significant role to play as counsel assigned to argue for its formal burial."
Chapter 9, Page 123

"The comments from the bench - sometimes funny, sometimes quite blunt - bring out the personalities of the justices and remind us that the Court is a collection of strong-minded individuals, much less institutionalized than the typical agency of the Executive Branch."
Chapter 11, Page 170

"And time for argument is now rigorously limited. Chief Justice Hughes was said by one of his law clerks to have 'called time on a leader of the New York bar in the middle of the word if.'"
Chapter 11, Page 173

"'The honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez, oyez, oyez. All persons having business before the honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this honorable Court.'"
- The words of the Supreme Court crier, Chapter 11, Page 175

"The Supreme Court had sounded a trumpet. The response had to come from society."
- Upon the decision of Gideon vs. Wainwright, Chapter 13, Page 203

"Like the Gideon of old who was summoned by an angel of the Lord to lead Israel and overcome the Midianites, Clarence Earl Gideon of Panama City, Florida, championed the cause of justice for all indigent defendants ... It is intolerable in a nation which proclaims equal justice under law as one of its ideals that anyone should be handicapped in defending himself simply because he happens to be poor."
From the Washington Post following the Supreme Court ruling, Chapter 13, Page 217

"In the future the name 'Gideon' will stand for the great principle that the poor are entitled to the same type of justice as are those who are able to afford counsel. It is probably a good thing that it is immaterial and unimportant that Gideon is something of a 'nut,' that his maniacal distrust and suspicion lead him to the very borders of insanity."
- Tobias Simon, Epilogue, Page 239

style

Style

Perspective

The book is written in third person from a limited omniscient point of view. It's the only possible way to tell the story as no one person would have been witness to all the happenings important to the story. It's important to remember that the view is limited in the fact that details of Supreme Court Justices' discussions and what ultimately led them to their decision is not a matter of public record and so is not included in this book. It's equally important to note that the majority of the book is taken from public records including court transcripts and court cases. There's an overall look at societal and legal trends of the day that required a study of those topics.

The perspective is entirely focused on the legal issues surrounding the case. For example, the only information about Gideon himself is the letter he wrote to his attorney in response to a request for background information. Gideon outlines his life in that letter, at least up to a point, but admits that even he might not be entirely honest because there are some aspects of his life that he simply doesn't want to remember. There is no indication of Gideon's fate past the moment of his release from jail.

Tone

The book is written entirely for the purpose of examining the legal issues leading up to and including the case of Gideon vs. Wainwright. There is extensive technical jargon and "legalese" that a less-than-adequate reader may find difficult to understand. That's not to say that the book is overly deep as the legal terms, cases and even historical situation is explained. The reader who expects to learn about the man named Gideon is bound to be disappointed as this book is dedicated to the legal aspects of the case. There are extensive references and explanations of other cases that impacted the case of Gideon vs. Wainwright. In most cases, those are used for additional reference points, meaning the reader should commit the names to memory so that the next references make sense. Overall, the reader with an adequate vocabulary and the will to see the book through to the end will be successful in understanding.

The book was written in 1964 shortly after the case was completed. It's important for the reader to remember that the United States had been embroiled in a war less than two decades earlier in which individual rights had been pushed completely aside by a racist leader - Hitler. In addition, the United States had been home to race riots as blacks and whites clashed over integration and whether the premise "separate but equal" was equal at all. The historical connotations are spelled out to a great degree but a general knowledge of the social climate of the time will likely aid in understanding.

Structure

The book is divided into fourteen chapters and includes an epilogue. The chapters vary in length greatly and tend to be divided at a particular event - the beginning of arguments at the Supreme Court, for example. One of the chapters contains a lengthy letter from Gideon that was initially handwritten. The letter, to his attorney Mr. Fortas, is included in its entirety and with all grammatical and spelling mistakes intact. The letter provides a realistic look at Gideon as a person rather than the sterile view provided by the court documentation.

There are extensive court case references and lengthy discussions on social and legal trends. In addition, the Justices sitting at the time of the case each held opinions that put them in a position to be generally in favor of cases such as Gideon put before them, or generally opposed. There are also lengthy discussions on the ideals of the Justices to give the reader a full view of the way Justices are likely to see the merits of the case. The legal cases are adequately described and the majority of the book is either written in laymen's terms or at least explained in those terms.

themes

Themes

The Right to Justice

It seems evident that the right to justice, regardless of race or financial status, is the overriding theme of this story. Clarence Earl Gideon asks for an attorney when he's tried of the minor offense of breaking into a poolroom with the intention of committing petty larceny. He's summarily denied his request by the trial judge, is found guilty of the theft and sentenced to five years in prison. Gideon doesn't stop in his quest for what he believes is nothing more or less than his right. He takes what he believes to be the appropriate steps and takes the case on to the Supreme Court. Gideon's first request is denied because he hasn't filed all the proper documentation but he uses the information provided by the Court and files again. This time his case is accepted and he eventually wins the right to an attorney.

The question posed by Gideon is much larger than this single case and the Supreme Court decision will set the precedent requiring that all defendants have the opportunity to be represented by an attorney. There are several problems with the previous way of deciding who should and should not be assigned public defenders. One of those was that the law generally required a defender for anyone who met the "special circumstances" rule, which included ignorance, illiteracy or complexity of a court case. However, if a defendant were illiterate or ignorant and were denied an attorney, that person would be ill-equipped to file an appeal that his rights had been violated. This means that there is a problem in the system itself because those who most need an attorney, upon being denied have no recourse. Another problem is that those cases with complex legal issues are granted attorneys but even attorneys who find themselves in court tend to hire representation. It becomes accepted that a layman simply cannot be expected to know enough about the law to make an adequate case for himself.

The Desire for Freedom

Gideon was a largely uneducated, though seemingly fairly intelligent, man who is willing to work through the steps of an appeal for the chance for freedom. While it might be said that Gideon found himself in the penitentiary with a five-year sentence ahead of him and has plenty of time to do his legal work, it's important to note that it's not a simple matter. His first appeal is rejected simply because he hadn't filed the correct paperwork. The Supreme Court clerk sends him information on filing correctly and Gideon faithfully takes all the required steps to make that happen. He doesn't give up, despite the fact that he's required to use legal terms that have little or no meaning for him and that he's working without help. When Gideon finds himself back in court for a retrial, he doesn't allow himself to be railroaded into accepting an attorney that he believes isn't working for his best interests. Instead, having come this far, Gideon takes another step and has a brief prepared on his own behalf. At that point, the Florida Civil Liberties Union has appointed an attorney to represent Gideon but he declines the services of that lawyer and earns the right to choose his own.

The fact that Gideon goes through all these steps in order to gain his own freedom is noteworthy, but not unique to Gideon's case. The Supreme Court has a docket set aside for the hearing of the cases filed by the indigents who make all the steps toward an appeal. It's interesting to note that Gideon himself helps a fellow inmate file an appeal, as the man is illiterate.

It's interesting to note that the Supreme Court had previously upheld the right to counsel in every capital case. Asked by Justices why he felt that distinction was applied, Florida attorney Bruce Jacob said that it was probably because people feared death. One Justice points out that people obviously fear prison time as well.

The Tendency to Judge

It's interesting to note that even in a case involving the rights of justice that there's a tendency to judge others. The fact of Gideon's race is questioned by the attorney assigned to represent him in the Supreme Court appeal. Though there's no indication what difference it makes, Fortas is interested in ethnicity and in Gideon's past. When Gideon is later returned to court in Florida for a retrial, he's told that he's been assigned a particular attorney, Tobias Simon from the Florida Civil Liberties Union. When Gideon objects, saying that he doesn't want that attorney but wants one who he believes will be squarely on his side, Simon doesn't take it well. Simon later calls Gideon a "nut" and says it's unfortunate that such an important precedent is brought to law by the case of a person like Gideon.

It's also interesting that Gideon's reaction to the court is similar to his reaction to the attorney. Gideon says that he doesn't believe he'll have a fair trial because the same prosecutor and judge are overseeing the retrial. In fact, Gideon might have supposed that he would get a free pass with no real need to prove his innocence simply because the case had been remanded by a Supreme Court decision. That's not at all the case and he expects the exact opposite. It could be that Gideon is at least partly biased by his previous brushes with the law and with the state's officials who took away his children.

places

Bay Harbor Poolroomappears in non-fiction

The Bay Harbor Poolroom is the business Gideon is accused of robbing.

Miscellaneous Docketappears in non-fiction

The Miscellaneous Doccket is set aside by the Supreme Court for cases filed by those petitioners who are too poor to cover printing costs or to pay the one hundred dollar filing fee. Gideon's case was assigned number 890 of the Miscellaneous Docket and arrived on January 8, 1962.

Special Circumstancesappears in non-fiction

Special Circumstances prompt the assignment of a attorney to an indigent defendant. Those included illiteracy, ignorance, youth, mental illness or complexity of the charges against him.

Gideon vs. Wainwrightappears in non-fiction

Gideon vs. Wainwright was the case filed by Clarence Gideon on appeal to the Supreme Court declaring that his right to counsel had been denied at the trial court level. It's important to note that the case was originally filed as Gideon vs. Cochran, the director of the Florida Penitentiary system but the name was later changed to reflect the name of the new director. The case determined that all defendants have the right to counsel in court.

Betts vs. Bradyappears in non-fiction

Filed by Smith Betts of Maryland, Betts vs. Brady was a right to counsel case filed some twenty years prior to Gideon's case. In this case, the Supreme Court denied that there was any reason for Betts to have had a counsel and that the outcome of the trial would have been any different had there been an attorney. This case set up the "special circumstances" rule in which some people - such as those who were illiterate, ignorant or mentally diseased - should automatically have an attorney.

Raiford, Floridaappears in non-fiction

Raiford is where Clarence Gideon is imprisoned after his conviction of the theft at the poolroom.

Panama City, Floridaappears in non-fiction

Panama City is where Gideon is tried for the theft at the poolroom.

Hannibal, Missouriappears in non-fiction

Hannibal is where Gideon was born in 1910.

Orange Domino Clubappears in non-fiction

The Orange Domino club is the business owned by Gideon in the early 1950s.

Cedar Grove Baptist Churchappears in non-fiction

Cedar Grove Baptist Church is where Gideon begins attending with his children in Florida. He notes that he's not particularly interested in religion but hopes the church can do something for his wife. She does soon become interested in the church herself, and the church helps his family once he's in jail.

chars

Clarence Earl Gideon

Gideon is a fifty-one-year-old white man imprisoned in Florida who makes an appeal with the United States Supreme Court. Gideon's claim is simple. He believes that the U.S. Constitution assures him of the right to an attorney at his trial, even though he's not able to afford one on his own. Gideon makes the appeal for himself, having fallen into that category of prisoners who wants to appeal but has no access to an attorney to write on his behalf. Gideon's appeal is first rejected because it didn't include the appropriate documentation but he makes the necessary changes and resubmits, putting it in line for consideration by the Supreme Court. Gideon's appeal is handwritten on prison-issue notebook paper. He later notes that prisoners have no access to law books or attorney advice meaning it takes a fairly intelligent and dedicated person to take the step.

Gideon describes his life from childhood. His father dies when Gideon is three and his mother remarries. His parents are strict and he eventually runs away. When he returns near his home, he is jailed for the first of many times. Over the years, he seldom holds a job for more than a brief period and is often in jail for some minor crime or petty theft - including gambling. He marries three times and has three children with his third wife. She has children of her own before the marriage and Gideon takes responsibility to a degree for those children as well. When he's jailed again, welfare takes the children and Gideon signs his rights away to this fourth child, allowing an adoption.

Gideon lives in Panama City, Florida when someone breaks into a poolroom and Gideon gets that blame. At the trial, he asks for a lawyer, is denied because of a previous court case that indicated defendants could be tried without a lawyer unless it was a capital offense or there were special circumstances. Gideon claimed none of the special circumstances and the trial judge summarily denied the request for an attorney. He is sentenced to five years in prison and it's from the Florida State Penitentiary that he files the appeal to the Supreme Court. The case results in a decision that establishes the public defender system and requires that all defendants who cannot afford to hire a lawyer on their own be provided at attorney.

Abe Fortas

The fifty-two-year-old Washington attorney appointed to represent Gideon. He's a member a thirty-lawyer firm, Arnold, Fortas and Palmer. He's a graduate of Yale Law School as is one of his partners. He's Jewish and tremendously interested in making money for his firm, though he is also instrumental in drafting Government legislation and advisor to Lyndon B. Johnson and F.D.R. There's no indication how Fortas comes to be appointed, as it's simply a matter for the Supreme Court Justices to decide which attorney is to be appointed to represent any particular client. Fortas has been in the Supreme Court before and is familiar to the Justices.

The fact that Fortas has a large firm behind him and that he recognizes the significance of the case is vital to the eventual outcome. Fortas realizes that the Supreme Court has routinely rejected the idea that the having an attorney is among the rights guaranteed by the Constitution or the amendments so Fortas goes to a different set of arguments. While he is leading the way and is spending hours familiarizing himself with the possible arguments for and against the right to counsel issue, he has a law student doing excessive amounts of research and lawyers within the firm helping with research, opinions and the final drafting of the brief to be submitted to the Supreme Court. Fortas eventually comes to several points including the fact that the high number of cases recently overturned by the Supreme Court because the defendant should have had an attorney is both an unnecessary burden to the Court and a source of irritation between the Supreme Court and the lower courts. Fortas wins both the case and Gideon's personal thanks but declines to be part of the case when it returns to the trial court stage, handing the case off to someone in Florida who could be more in touch with the local courts and more able to conduct local research.

W. Fred Turner

Turner is the Florida lawyer Gideon selects to be his attorney at the second trial following the Supreme Court decision that Gideon - and all defendants - has the right to counsel. It's never explained how Gideon found Turner for the case but it's noteworthy that he's not the attorney first appointed by the court. Turner likely understands the importance of the case and accepts the assignment. It's said that he spends time wandering the streets around the alleged crime and even picks fruit with the mother of the eyewitness who said Gideon committed the theft of liquor, cigarettes and change from a poolroom. Turner knows the eyewitness and has actually represented him on an earlier occasion and for a divorce putting Turner in a better position to pick apart his testimony - which he does. There's no mention in this book of Turner following the Gideon case but it's a matter of history that he went on to become a circuit judge.

Robert L.McCrary, Jr.

McCrary is the trial judge who first hears Gideon's case in Florida and who denies his request for an attorney. It's noted that McCrary tries to be fair to Gideon during the trial but that the trial is not fair anyway. That's one of the arguments for approving Gideon's case when the Justices agree that it's not practical for the trial judge to be put in the position of being an advocate for the defense. When Gideon's case is returned to the trial court, it's again before Gideon and he absolutely believes that he can't get a fair trial before the same judge that defended him originally. As McCrary prepares to begin the trial, he prays aloud and asks for Divine guidance to be certain that the new trial is fair.

Bruce Jacob

Jacob is the Florida Attorney assigned to argue the case on Florida's behalf. It's noted that in a typical case, the prosecution has the upper hand because the prosecutor's office has a full staff of attorneys with the time and manpower to put their case on a firm footing. In this case, the defendant - Gideon - had a major law firm willing to expend hundreds of hours and experienced lawyers to determine the best way to argue the case. Jacob had never been inside the Supreme Court and was spending nights and weekends preparing his case with the help of a single person to type it - also on her own time. Jacob believes he should contact other states to warn them of the Gideon case because the ruling would impact criminal courts in all states. While Jacob hopes that other states will stand with him in support of the denial of Gideon's claim, he discovers that the majority of states that express an opinion want the Gideon case approved. In court, Jacob shows his inexperience and goes so far as to say that the local courts don't mind the number of cases being overturned on the right to counsel question.

Henry Cook

Cook is the man who testified in court that he saw Gideon inside the poolroom during the theft of liquor, cigarettes and change. Cook's own reasons for being on the street at five-thirty in the morning were not thoroughly questioned at the time of the initial trial but later became an issue. Cook's statement that he saw Gideon inside the poolroom also came under fire at the retrial when Gideon's attorney pointed out that the advertisements on the windows would have blocked the view.

Tobias Simon

Simon is a Miami lawyer who was put in charge of Gideon's retrial. He's a lawyer from the American Civil Liberties Union and spends many hours on the case before meeting Gideon. When that meeting takes place, Gideon declines Simon's representation saying that he wants to select his own attorney. Simon later writes that Gideon was a "nut" and that it's a shame that the course of legal history was changed on the basis of an appeal by such a person.

Justice Hugo Black

Black was the Supreme Court Justice selected to write the assenting decision in Gideon's case. It's interesting to note that Black wrote the decision for the majority but that other Justices also wrote opinions. In most cases, additional opinions are only written by the Justices who dissent but that was not true in Gideon's case. This time, the other Justices agreed that Gideon's case should be upheld but did not agree with Black's reasoning for upholding the case. Black's arguments include the fact that the legal system is so complex that any defendant in a court case cannot be assured a fair trial without an attorney. Black's opinion does not offer direction on any of a number of questions, including how to apply the ruling and whether it should apply to those already imprisoned. It's noteworthy that Black had also written the case of Betts vs. Brady.

Justice James Marshall Harlan

Harlan is the Justice who writes another of the assenting opinions in Gideon's case. Harlan says the previous standard, Betts vs. Brady, deserves a "respectful burial." Harlan says that Betts had served a purpose by indicating that defendants had the right to counsel past the capital cases, but that it had provided for "special circumstances." Harlan says the "special circumstances" rule itself has had a "troubled journey" and that the rule has apparently come to the point of no longer being a reality.

Nellie P. Heath

Heath was the court recorder in Gideon's original trial in Panama City and in the retrial. Heath notes that she thought little of Gideon's initial trial and expected that his life of crime would simply continue.