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This month marks an especially significant time in the American justice system and is still used as teaching tools in legal classrooms across the country. Because of one man who couldn't afford an attorney after being charged with burglary, the entire legal landscape was changed forever. Clarence Gideon was arrested on June 3, 1961 and was charged with burglarizing a pool room in Florida. He wasn't allowed legal counsel for his very brief trial, even though he'd asked for one. At that time, there were no rights for the accused and they weren't allowed the benefit of a lawyer during any questioning or subsequent trials if they couldn't pay for his services, says A. Harrison Barnes, lawyer and founder of LegalAuthority.com. Gideon insisted he was innocent in his efforts to defend himself (without the benefit of counsel), but was still found guilty. After arriving in prison, he handwrote his own appeal using a prison pencil and a pad of paper. In his appeal, he spelled out those many reasons why he was entitled by the constitution to legal representation. He certainly shook things up because an appeals court felt his appeal had merit. His appeal also caught the attention of Abe Fortas, a well known and respected lawyer who eventually became a Supreme Court justice. The two paired up and took the case all the way to the top. The Supreme Court agreed that a fair trial couldn't exist if the accused wasn't allowed proper representation, despite his financial standing. It said every defendant was entitled to legal assistance in presenting his case. Gideon v. Wainwright became a historical case and as a result, the Miranda rights were written and are now a part of every arrest in this country. A. Harrison Barnes says this one case more than forty years old, is the very reason Miranda Rights are read to anyone arrested for any reason. Later, Gideon, with the help of an attorney, was retried and acquitted of the burglary. Clearly, this case marked a turning point in the legalities our justice system. Hollywood agreed. If you're interested, you should see the movie made in 1980 that starred Henry Fonda. Gideon's Trumpet was nominated for several awards that year and is well worth seeing. Finally, the LegalAuthority.com founder says this case is also the inspiration for many entering the legal field and that there are seasoned attorneys now who say their decisions to go into law were due to this very important landmark case that forever changed the rights of the accused. Had the determination of one defeated man not been stronger than anything else, we might very well live in a world where injustice is the rule of the day and the accused are presumed guilty until proven
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