Poor people lose: Gideon and the critique of rights.(Symposium on Gideon v. Wainwright): An article from: Yale Law Journal

This digital document is an article from Yale Law Journal, published by Yale University, School of Law on June 1, 2013. The length of the article is 11734 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.

From the author: A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon demonstrates this critique: it has not improved the situation of most poor people, and in some ways has worsened their plight. Gideon provides a degree of legitimacy for the status quo. Even full enforcement of Gideon would not significantly improve the loser status of low-income people in American criminal justice.

Citation Details
Title: Poor people lose: Gideon and the critique of rights.(Symposium on Gideon v. Wainwright)
Author: Paul D. Butler
Publication:Yale Law Journal (Magazine/Journal)
Date: June 1, 2013
Publisher: Yale University, School of Law
Volume: 122 Issue: 8 Page: 2176(29)

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