Gideon’s Trumpet

Betts v. Brady was a landmark ruling by the Supreme Court that denied counsel to indigent defendants in cases where they were being prosecuted by the state. It was ruled upon in 1942 and, for two decades, meant that states did not have a federal requirement to assign a legal counsel to defendants. The ruling was slowly eroded over the years as concessions were made until—in 1963—Gideon v. Wainwright overturned Betts v. Brady.

In the context of the Supreme Court, a brief is a document submitted to the Court that presents the argument of one particular party. A brief is written by the prosecutor and the defendant before the trial and is submitted before the trial begins. Once in court, the brief becomes the foundation for further arguments or discussions. In the context of Gideon’s trial, a brief is prepared by Fortas and his team and by Jacob.

Certiorari refers to the means by which a person can appeal a decision reached by a court in the United States of America. It is typically associated with the writ issued by the Supreme Court that requests a lower court to review a particular judgement. A writ of certiorari is filed by a party who wishes to appeal to the Supreme Court following a decision by a lower court. This is the writ filed by Clarence Gideon that began the journey described in this book.

Double jeopardy is a legal defense that claims to prevent a party from being tried more than once for the same (or even similar) charges in the event of a valid conviction or acquittal. In Gideon’s case, he believes that the conviction achieved at his first trial means that—when he wins a retrial—he cannot be tried twice for the same crime. Unfortunately for Gideon, he is mistaken.

Within the context of this text, federalism refers to the debate between the states and the federal government over how power is divided and implemented. In the book, it is represented by the debate between Justice Black and Justice Frankfurter. The former believes that the federal government should issue a law to every state that demands that defendants be assigned legal counsel; the latter believes that this is an issue that should be left up to states to decide for themselves.

A habeus corpus refers to the writ that requires a person who has been placed under arrest to appear before a court or a judge. In particular, it is used to help to secure the release of a person as long as the legal ground for their imprisonment have not been demonstrated. It allows a person to report an unlawful detention or imprisonment, demanding that the court review the case and whether the person deserves to remain in detention. It is often an important part of the appeals process.

The terms opinion and dissent, in the context of this book, refer to the judgements issued by the Supreme Court. The opinion is written by one of the justices who is on the side of the majority. The dissent is written by one of the justices on the side of the minority (or, in the case of unanimous decisions, is not written at all). One or more opinions or dissents may be written at the discretion of those involved. The dissent and the opinion both serve the same purpose, to provide justification and reasoning as to why a particular decision has been reached.

Stare decisis refers to the importance of precedence within the context of a legal system. Literally, it is translated as “let the decision stand.” By examining precedents and decisions that have come before, a judge or justice must decide whether to agree with or overturn the existing laws. Stare decisis thus refers to the moments in which judges or justices are bound to follow the precedents that are presented to them by the court.