Final answer:
Access to court and fair trial in the American judicial system depends most strongly on the right to legal defense, as established by the Sixth Amendment and the historical Gideon case, which guarantees legal counsel at the state's expense for those unable to afford an attorney.
Step-by-step explanation:
The text argues that gaining access to court depends most strongly on the ability to have legal defense, such as having the right to be represented by a lawyer, which is a central aspect of the American judicial system. In historical context, only those who could afford an attorney had the right to use one until the landmark case of Gideon established the right to have a lawyer provided, at the state's expense, for all defendants accused of a felony.
The significance of legal counsel in the court system is underscored by the Sixth Amendment which clearly states the right to Assistance of Counsel for defense, ensuring that the legal proceedings are fair and just, and that the accused are effectively represented, regardless of their financial status.
Several key elements ensure the fairness of trials in the judicial system such as the guarantee of a "speedy and public trial", the right to trial by jury, and the opportunity to present a case to the Supreme Court through a writ of certiorari. These procedural rights are critical in preventing the abuse of the system and providing a transparent and equitable trial for the accused. Hence, the ability to afford or be provided with competent legal counsel is of utmost importance in the American legal system.