Sunday, November 10, 2019
Gideon’s Trumpet Strong point of the book Essay
Gideon’s Trumpet is the ‘story’ of an epic legal battle. I give full marks to this story. It depicts the will power, grit and determination of a simple prison inmate to take on the legal system of USA. He achieved his objective with a pencil and paper and his simple drafting skill. He proved that his knowledge about the law is much more than hundreds of legal luminaries of America put together. He was fighting the mighty force of the State, and it was no ordinary opposition. If a man suffers, he must have the support of a legal provision to redress his grievance. Otherwise the legal system is at fault, not the individual. This is the simple truth as seen by a common man, in the present case relating to Clarence Earl Gideon. I like this book for its important contribution to secure individual liberty and how one man successfully challenged the legal system. The story is the triumph of human spirit versus flaws in the system created and nurtured by human beings. It is the victory of the chair less power (common man) in the fight against powerful chairs (legal and political power). When the going gets tough, the tough gets going. Anthony Lewis is well aware of this principle. His book proves the point. I need to heap additional praise on the contents of this book. His book proves the great and important point. The improbable battle of Gideon leads the Court to give the ultimate decision in his favor. Lewis comes out of the Court Scene to project the human face of the story. Those who think that the legal system is the service tool for the rich and the politically well-connected need to take the appropriate lesson from Gideon. He set such a legal process in motion that would affect the entire legal system of USA. The effect of the case was precedent-shattering. Mr. Gideon is twice-blessed. He has provided a highly motivating case from legal as well as sociological aspects. Another strong point of the book is that it is free from political overtones. The author has confined himself to the legal aspect of the case only. But he has pointed out the limitations and difficulties of the Supreme Court functioning. Valuable lessons can be learnt from his observations. This case gave scope to several reference issues that set the American legal system to change for the better. It examined the question about safeguarding accused from escaping the judicial system due to arbitrary court violations. The second issue decided was, majority of the states supported the issue of providing proper defense.  Such a course of action would be cheaper to the exchequer in the long run instead court cases dismissed on account of legal inaccuracies. This position arose because many litigants in court could claim wrong trial due to improper representation. The third most important issue in the cited case, Adamson vs. California, in which the 14th Amendment was challenged, relates to the Bill of Rights application. Supreme Court ruled it as the violation of all Fundamental Rights within as a violation towards the litigant. Thus, this is a good book for the students of law, especially for those who intend to specialize in Constitutional Rights. Weak points of the case†¦ It is difficult to find weak points in he book from the legal aspect. For, Gideon’s case changed the concept of ultimate justice in USA. The common man got confidence that he too is listened to, and respected. But from the sociological angle, there is a weak point. In the present case, we feel that it is the intelligence of the lawyer that secured a clean acquittal for Gideon, not his innocence. The outcome of the case may encourage the criminals. They will think to commit crime and then it is easy to get away by hiring a good counsel; if you have no means of hiring, the government will do it for you. Once his request to provide a lawyer was agreed by the Court, Gideon became very arrogant. His lawyer Fred Turner had to strictly tell him, â€Å"I’ll only represent you if you will stop trying to be the lawyer and let me handle the case.†Gideon agreed. Gideon was a stubborn prisoner. In spite of his crankiness, and eccentricities, the State spent a huge amount in engaging counsel for him and the precious time of the Supreme Court was used. The successful termination of the case sends a wrong signal to the society. The criminal gets the protection, and the safety of the law-abiding citizen is in trouble. I liked the book†¦. Mr. Gideon has made the remarkable judicial contribution by the simple handwritten application that he sent to Supreme Court. He had a new trial and in the end, he was acquitted. The legal defense, and the question of due process were entirely re-examined and good conclusions resulted. Any conflicting issue is an interesting topic for discussion. Gideon’s case leaves hardly anything for the opposition counsel to argue, unless it is opposition for the sake of opposition. This is a good book; it has the timeless appeal, for the students of sociology. All laws, just because they are the laws of the land, are not faultless. A difficult law implemented in a worst manner is the ultimate calamity for the common prisoner. Such a law, if not amended or withdrawn quickly, can ruin the delicate social structure based on human relationships. It concerns fundamental rights and liberty of the individual. Embroiled in unfriendly system of jurisprudence, the poor class prisoners get physically, emotionally and economically crushed. One finds it extremely difficult to sustain one’s normal balance .In such circumstances one remains desperately in need of some consolation and permanent solution. That was the reason why Gideon sought the solution through his pencil-written application to the Supreme Court. Desperate situations need desperate remedies, and Gideon used one such remedy! It is a brilliant book for students of all streams, especially law students.  Fundamental rights offer the guarantee of legal protection to all the citizens, for which Gideon fought and won.                                                      Reference Cited: Book Review: Gideon’s Trumpet Lewis, Anthony (Author) Book: Gideon’s Trumpet (Paperback) Publisher: Vintage Books USA; Reissue edition (Feb 1989) Language English ISBN-10: 0679723129 ISBN-13: 978-0679723127
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