Gideon's Trumpet Analysis Essay

1440 Words Nov 28th, 2012 6 Pages
Everyday people around the nation are brought to trial. The litigants may or may not have sufficient resources, but are still entitled to a fair trial under the Sixth Amendment. Clarence Earl Gideon was accused of felony by the state of Florida and did not have the money for attorney representation. Instead, Gideon had to approach the Florida court system blinded by the rules of litigation and unaware of the processes of making an argument. He was helpless and could not win the battle, eventually being sentenced to five years in prison. In America, people are supposed to be treated equal in the eyes of the law, yet Gideon’s circumstance was unjust. As he ultimately reached the Supreme Court of the United States, Gideon was given an …show more content…
Their past experience and extensive access to resources gives them a persuasive edge in the courts. Gideon, on the other hand, worked against his shortcomings as a one-shooter. By filing a writ of certiorari, which the Court granted, Gideon was issued Abes Fortas as his lawyer. According to Galanter, “lawyers are themselves RPs” (Galanter 167). This representation was valuable because of past experiences and specialization that Fortas brought forth to the Court and to his client. Being that “the Court naturally tends to pick men known to one or more of the justices personally or by reputation,” Gideon slowly gained an advantage (Gideon 49). This established a sense of equality and provided more power and credibility to the initiator. On the other hand, Florida did have its Attorney General representing the state, in order to defend and withhold the power of the state. The lawyer-client relationship was much stronger between the federal and state court, rather than Fortas and Gideon. After all, the closer a relationship is the “more telling the advantages of accumulated expertise and guidance in overall strategy” (Galanter 205). Furthermore, Gideon did not have the money or even the ability to sway the public. Today, the media tends to lend support to the smaller party, which influences public opinion and plays a large role in persuading a judge’s values and deciding a case.
Judicial decision-making is often
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