Talk Back

[malabar]

Written in 1964, this book remains a classic in its treatment of the landmark Supreme Court case that defined the right of the accused to counsel, even if unable to afford it. Clarence Earl Gideon, a poor Florida man with a record of trouble with the law, petitioned the US Supreme Court with the claim that his trial for breaking and entering was unfair because he couldn't afford a lawyer and had had to represent himself.

Forty-five years after his case was settled, it's hard to believe that there was a time when anyone accused of a serious crime would be denied the services of a lawyer, but that's how it was for most of US history. In many states, only those accused of capital crimes were provided with attorneys if they couldn't afford to hire them. There were exceptions, such as for defendants who were illiterate, learning disabled, or likely to suffer prejudice if they argued their own cases (which usually meant black in the South), but these were decided on a case-by-case basis according to a previous ruling (Betts vs. Brady, 1942). This meant that the Supreme Court was constantly receiving petitions from prisoners asking that their sentences be commuted on the grounds that they had not had fair trials.

This could have been a very boring book, but Lewis's conversational style and concise explanations make it a gem. It has dated in some ways - modern sensibilities will flinch at some of the words that were then just descriptive - but it holds up very well for all that. It reads like the best crime fiction, and that is saying something.