Gideon essay vato

Gideon essay vato - [Type text] INTRODUCTION In Marc...

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[Type text] INTRODUCTION In Marc Galanter’s essay “Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change” we are presented with the familiar legal continuum of the “Haves” and “have nots’.” To describe the “Haves” Galanter uses the term “Repeat- Players” or RPs. This group is generally classified as a “larger unit [whose] stakes in any given case are smaller”(Galanter 162). RPs typically have had prior discourse with the court, ready access to specialists, and an ability to wait for the proper cases by which they can change legal rules in their favor. In contrast the “have nots” are identified as “One- Shotters ” or OSs. An OS is, broadly-speaking, “a unit whose claims are too large (relative to his size) or too small (relative to the cost of remedies) to be managed routinely and rationally” (Galanter 163). OSs are just the opposite of RPs, they have few resources, their legal goals are short term and are typically only material. Galanter’s thesis that on average the “haves” tend to come out ahead is not disputable, on average they do. What is questionable is whether RP’s are always the “haves” and conversely if OS’s are always the “have-nots.” This essay seeks to probe Galanter’s theory using the landmark case of Gideon v. Wainwright as depicted in “Gideon’s Trumpet” by Anthony Lewis. In order to find out if a" very well- to-do Oss in a very different position from a typical RP? Or are poor RP's in a different position from the typical OS? [and]If not, is there any significance what so ever in the OS/RP distinction” (Galanter 174)? Trial One When Clarence Earl Gideon was first tried on August 4, 1968 for petty larceny he probably already had a good idea what the outcome of his trial would be. Gideon was a “fifty-one-year-old white man … who had made his way by gambling and occasional thefts,” and had been in and out of prison his whole life (Lewis 5-6). By Galanter’s definition Gideon would be the model OS, he had no assets, no resources, and the stakes were incredibly high (his freedom). Gideon knew nothing of the law but he knew enough to understand that if he was going to have a fair trial he would need a lawyer. He did what
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[Type text] anyone in his position would do; he asked for one. But, the precedent set by the supreme court, Betts v Brady, said that “only in special circumstances were impoverished criminal defendants entitled to free counsel”(Lewis 29). Gideon was denied a lawyer and was at a severe disadvantage as a result. The case ensued just as Galanter’s model predicts it would have. The Prosecutor was trained and professional. When the prosecution called Mr. Henry Cook to the stand (the person who allegedly saw Gideon at the scene of the
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This note was uploaded on 11/29/2010 for the course POSC 130g taught by Professor Below during the Fall '06 term at USC.

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Gideon essay vato - [Type text] INTRODUCTION In Marc...

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