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If an obscure Florida convict
named Clarence
Earl Gideon had not sat down in
prison with a
pencil and paper to write a letter to the Supreme
Court; if the Supreme Court had not taken the
trouble to look at the merits in that one crude
petition among all the bundles of mail it must
receive everyday, the vast machinery of
American law would have gone on functioning
undisturbed. But Gideon did
write that letter;
the court
did look
into his case; and he was re-
tried with the help of
competent defense
counsel; found not guilty and released from
prison after two years of punishment for a crime
he did not commit. And the whole course of
legal history has been changed.
(Kennedy, 1963)
In researching Gideon
v. Wainwright, 372 U.S. 335 (1963), I found that Bobby
Kennedy quote and instantly came up with my composition
about the landmark case on “the right to an attorney.”
Instead of focusing on what Gideon was unable to do in the
courtroom without an attorney ("lawyers in criminal courts
are necessities, not luxuries"), I focused on what he did
accomplished after he was sentenced.
Gideon could have literally done what his cell mate is doing
in my painting, just sitting back and rotting away in jail.
He could have
used that
paper as toilet paper.
Instead, what Gideon
decided to do is act. Because Gideon
decided to write from his cell, others were
guaranteed a right to counsel before being sent to theirs.
Even in the most isolated, remote place, he said, ‘I am
going to challenge.’ That's quite a statement for
someone who is marginalized to that level: no money, no
nothing, no power. A roamer, a drifter. Sitting
in jail, with pen in hand, he acted. His actions
single-handedly changed the course of history.
I think his triumph speaks volumes for what we as
individuals in a society can do.
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