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Gideon's Triumph

 

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 ja
il. 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.

 

 

 

To see larger image of his painting click here.  The painting  is part of series created by the artist for "May It Please the Court,"  a solo exhibit in the rotunda of the Supreme Court of Florida.  The 2004 exhibit includes paintings portraying landmark US Supreme Court cases originating in the artist's home state of Florida.)


 

 

 

 

 

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Xavier Cortada has exhibited his works in museums, galleries, and cultural venues around the world and has pioneered the use of the Internet in collaborative art-making. The Miami-based Cuban-American artist, attorney, and activist has worked collaboratively with diverse groups across the United States, Latin America, Europe and Africa to create pro-social community murals and participant-driven art projects. 

Cortada has created murals for:

The White House
HBO
Hershey's
Nike
Global Health Council
World AIDS Conferences
Miami-Dade County Juvenile Courthouse
Miami-Dade Art in Public Places
Miami Art Museum

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Copyright © 1997-2003 by Xavier Cortada. All rights reserved.

Email:
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