MovieChat Forums > Gideon's Trumpet (1980) Discussion > A landmark case

A landmark case

posted 16 years ago by shepherd-26
2 replies | jump to latest

This movie should get more attention today, especially since our Constitutional rights are becoming more abridged in the wake of 9/11. Remember the famous "Miranda card" that police officers carry with them in order to read an accused person their rights? That card resulted, partially, from this very case. "You have the right to the presence of an attorney. If you cannot afford an attorney, one will be appointed before any questioning." Had Clarence Gideon not protested this particular injustice, how many possibly innocent persons would be wrongly imprisoned today? No one can know.

The movie also shows how laws are re-visited periodically, and what was acceptable during one era may become unacceptable later. Thus, we have a "living Constitution" that is adjusted (or re-interpreted) depending upon the common beliefs of a given era, as reflected by the courts, especially the Supreme Court. It is possible that Roe v Wade could be overturned in the future. It is also possible that the death penalty could be abolished.

[–] knnhon 15 years ago

Not only are ye correct about 'Miranda'... but this case is approspos to today's 'Right-Wing-Nuts' who are complaining Pres. Obama'a admin. has hired lawyers that defended terrorists. EVEN Ken Starr[yes, THAT ken starr!]has condemned this criticism!. Adequate defense, and competent lawyers are part and parcel to this country... John Adams defended the British 7---the troops that opened fire at the 'Boston Massacre'... He thought it was his finest hour as an attorney!

[–] redban (6788) 4 years ago

Agree.

In the past, poor people who got arrested didn’t get an attorney. They had to handle the defense on their own. That idea seems just so idiotic today. But that was the way the system operated once.

However - I’d note that this system still exists in the civil courts. Gideon won the right to an attorney in criminal cases, but his case did nothing for civil cases. People who get sued in civil court have to handle the case themselves or pay for a lawyer. A lot of people get burned as a result of this flaw