Gideon’s Trumpet

Tevin Jones

Hist3200 American Government

Professor Guertin

Date: 4/12/2017

Summary of Gideon’s Trumpet

A fifty-one-year-old white man named Clarence Earl Gideon from the state of Florida was denied the due process of the law. He was not assigned a lawyer during his trial even when asked if he could be appointed one. So, he intends to take his trail into his own hands. Not realizing he does not know how to get the correct information out of his witnesses to benefit his trail. He then is found guilty of petty larceny; breaking and entering. Sentenced to prison for 5 years. While in prison Clarence finds it in himself to educate himself on the United States Constitution. Holding to the idea that the Constitution assured him of that right, files a petition with the United States Supreme Court. While the Supreme Courts are working off a twenty-year-old case Betts vs. Brady. The case was about a farmer named Smith Betts that also had not been entitled to an attorney at the time of his trail for robbery. Then emerged the “special cases” rule that required the appointment of an attorney if the defendant were illiterate, ignorant, suffering a mental disease or facing a complicated case. One of the main problems of that rule is that a person who is not intelligent enough to handle his own trail is also not likely to be able to file an appeal. Also, an ongoing discussion of federalism vs. states’ rights. Some people believe the states should have the right to determine how to handle their own criminal court system. The time came for state attorneys to make a statement on the issue. The majority that spoke out were in favor of the rule that all felony cases are to be assigned an attorney.  The rights of the individual, should outweigh the rights of the government. Gideon himself was given a new trial. Thanks to a local lawyer appointed by Gideon himself, found him to be not guilty. Gideon not only saved himself from a long and gruesome jail time, but he changed the way the Supreme Court handles their cases for individuals seeking justice.