Friday, March 29, 2013

Gideon v. Wainwright


American Government 1 was the intro political science course at San Jose State.  Some of my colleagues didn’t like to teach it all that much.  It was the course freshman and sophomores took to fulfill their general education requirement in social studies.  

I loved to teach it.  It was such a positive story.  Gideon v. Wainwright, Roe v. Wade, the Voting Rights Act--Supreme Court decisions and Congressional laws that advanced democracy and helped our country live up to its ideals.

This is the 50th anniversary of Gideon v. Wainwright.  Gideon was accused of breaking into a pool hall and stealing cigarettes and change.  He couldn’t afford an attorney, and he was found guilty.  He sent a hand-written petition to the Supreme Court saying he thought he had been denied his constitutional rights to a fair trial.  The Supreme Court looked at his petition and agreed.  In its decision, the Court said if you can’t afford an attorney, one must be appointed.  

This week Anthony Lewis died.  He was the Court reporter who wrote the classic about the case entitled Gideon’s Trumpet.  Mr. Lewis must have been so disappointed.  In Houston three people have been sentenced to die in trials in which their court appointed lawyers couldn’t even stay awake.  Some states give their public defenders to the lowest bidder.  Many poor people stay in jail for months with no public defender. The Gideon decision is pretty much ignored. 

Roe v. Wade--meaningless in North Dakota and other states.  The Voting Rights Act--meaningless in state after state.  Gideon v. Wainwright--no longer meaningful in state after state.  I think to teach American Government today would be really depressing.

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