Against all the odds of inertia and ignorance and fear of state power, Clarence Earl Gideon insisted that he had a right to a lawyer and kept on insisting all the way to the Supreme Court of the United States. His triumph there shows that even the poorest and least powerful of men — a convict with not even a friend to visit him in prison — can take his cause to the highest court in the land and bring about a fundamental change in the law.

The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect.

That in all capital or criminal prosecutions a man bath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.

A man charged with a crime has a right to a lawyer, and when the community is most strongly against him, his right is morally greatest.

We do without the lawyers, certainly," was Dr. Leete's reply. "It would not seem reasonable to us, in a case where the only interest of the nation is to find out the truth, that persons should take part in the proceedings who had an acknowledged motive to color it."
"But who defends the accused?"
"If he is a criminal he needs no defense, for he pleads guilty in most instances," replied Dr. Leete. "The plea of the accused is not a mere formality with us, as with you. It is usually the end of the case."
"You don't mean that the man who pleads not guilty is thereupon discharged?"
"No, I do not mean that. He is not accused on light grounds, and if he denies his guilt, must still be tried. But trials are few, for in most cases the guilty man pleads guilty. When he makes a false plea and is clearly proved guilty, his penalty is doubled. Falsehood is, however, so despised among us that few offenders would lie to save themselves.

The law of England is anxious for the interests of persons against whom charges may be made. If a man commits a crime, there is a legal and constitutional mode by which that crime may be brought into discussion. He is liable to be tried, but though his crime may be as great and as aggravated as possible, he ought to have a full, fair, dispassionate, and temperate investigation of his conduct at the time of trial.

I said, “there was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are slaves. For example, if my neighbour has a mind to my cow, he has a lawyer to prove that he ought to have my cow from me. I must then hire another to defend my right, it being against all rules of law that any man should be allowed to speak for himself. Now, in this case, I, who am the right owner, lie under two great disadvantages: first, my lawyer, being practised almost from his cradle in defending falsehood, is quite out of his element when he would be an advocate for justice, which is an unnatural office he always attempts with great awkwardness, if not with ill-will. The second disadvantage is, that my lawyer must proceed with great caution, or else he will be reprimanded by the judges, and abhorred by his brethren, as one that would lessen the practice of the law. And therefore I have but two methods to preserve my cow. The first is, to gain over my adversary’s lawyer with a double fee, who will then betray his client by insinuating that he hath justice on his side. The second way is for my lawyer to make my cause appear as unjust as he can, by allowing the cow to belong to my adversary: and this, if it be skilfully done, will certainly bespeak the favour of the bench.

I said, 'there was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are slaves. For example, if my neighbour has a mind to my cow, he has a lawyer to prove that he ought to have my cow from me. I must then hire another to defend my right, it being against all rules of law that any man should be allowed to speak for himself. Now, in this case, I, who am the right owner, lie under two great disadvantages: first, my lawyer, being practised almost from his cradle in defending falsehood, is quite out of his element when he would be an advocate for justice, which is an unnatural office he always attempts with great awkwardness, if not with ill-will. The second disadvantage is, that my lawyer must proceed with great caution, or else he will be reprimanded by the judges, and abhorred by his brethren, as one that would lessen the practice of the law. And therefore I have but two methods to preserve my cow. The first is, to gain over my adversary’s lawyer with a double fee, who will then betray his client by insinuating that he hath justice on his side. The second way is for my lawyer to make my cause appear as unjust as he can, by allowing the cow to belong to my adversary: and this, if it be skilfully done, will certainly bespeak the favour of the bench.

Law is blind without counsel. The counsel men agree with is vain: it is only the echo of their own voices. A million echoes will not help you to rule righteously. But he who does not fear you and shews you the other side is a pearl of the greatest price. Slay me and you go blind to your damnation. The greatest of God's names is Counsellor; and when your Empire is dust and your name a byword among the nations the temples of the living God shall still ring with his praise as Wonderful! Counsellor! the Everlasting Father, the Prince of Peace.

Moreover, every effort should be made under the law to expedite the proceedings of justice in the case of such an awful crime. But it cannot be necessary in order to accomplish this to deprive any citizen of those fundamental rights to be heard in his own defense which are so dear to us all and which lies at the root of our liberty. It certainly ought to be possible by the proper administration of the laws to secure swift vengeance upon the criminal; and the best and immediate efforts of all legislators, judges and citizens should be addressed to securing such reforms in our legal procedure as to leave no vestige of excuse for those misguided men who undertake to reap vengeance through violent methods.

Did you ever know a poor man made better by law or a lawyer!' said Bunce bitterly.

The question to be tried by you is whether a man has the right to express his honest thought; and for that reason there can be no case of greater importance submitted to a jury. And it may be well enough for me, at the outset, to admit that there could be no case in which I could take a greater — a deeper interest. For my part, I would not wish to live in a world where I could not express my honest opinions. Men who deny to others the right of speech are not fit to live with honest men. I deny the right of any man, of any number of men, of any church, of any State, to put a padlock on the lips — to make the tongue a convict. I passionately deny the right of the Herod of authority to kill the children of the brain. A man has a right to work with his hands, to plow the earth, to sow the seed, and that man has a right to reap the harvest. If we have not that right, then all are slaves except those who take these rights from their fellow-men.

In representing criminal defendants—especially guilty ones—it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense.

U.S. News: You criticize the Miranda ruling, which gives suspects the right to have a lawyer present before police questioning. Shouldn't people, who may be innocent, have such protection?
Meese: Suspects who are innocent of a crime should. But the thing is, you don't have many suspects who are innocent of a crime. That's contradictory. If a person is innocent of a crime, then he is not a suspect.