Gideon's Trumpet -- Not a Term Paper

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Even if the decision might not be popular, wrote the court, "from the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law," and because these procedures are often very complicated to understand, "this noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him," when he or she is striving to make a credible defense before a judge or jury. ("Gideon v. Wainwright," 1963)

Justice, and the work of the nine men (today, eight men and one women) on the court, is not always about the will of the majority of the American people, it is often about the rights of the individual. A case that demonstrates this principle even more vehemently is that of "Brown v. Board of Education of Topeka." In this instance, the school children of Topeka who were Black were denied the right to go to the same schools as their White counterparts, regardless of where they lived, the desires of their Black parents, or where their Black parents paid taxes. The will of the majority of the White residents held sway, until a dedicated band of activists and lawyers gave voice to the desire of the Black community to have equal rights for their children in Topeka.

The Supreme Court's interpretation of the community triumphed over prejudice, even though that prejudice was expressed by the will of the majority.

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"The plaintiffs contend that segregated public schools are not 'equal' and cannot be made 'equal,' and that hence they are deprived of the equal protection of the laws," wrote the court. ("Brown v. Board of Education of Topeka, 1954, p. 488) "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does," even though the majority of the population of the state of Kansas might think otherwise. ("Brown v. Board of Education of Topeka, 1954, p.493)

The title of Lewis' book may be something of a misnomer. Despite his last name, Gideon was no angel. But even though he was a thief, Gideon was innocent of the crime he was convicted of, unjustly, without legal representation. It does not matter that the majority of the populace might believe that Gideon deserved to go to jail for being a career criminal, or that someone convicted of a crime is likely to be guilty, and should not be provided with a lawyer with taxpayer dollars. What matters in America is that the rights of the individual are protected, hence the triumph of the law and justice over popular opinion in both the case of the innocent criminal Gideon and the innocent African-American children of Topeka.

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