30 Pages Posted: 27 Jul 2013 Last revised: 1 Aug 2013
Date Written: 2013
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.
Keywords: racial minorities, critique of rights, racial disparities, low-income people
JEL Classification: K00, K30, K39
Suggested Citation: Suggested Citation
Butler, Paul D., Poor People Lose: Gideon and the Critique of Rights (2013). Yale Law Journal, Vol. 122, pp. 2176-2204, 2013. Available at SSRN: https://ssrn.com/abstract=2298759