The Stone Court (1941–46)

Commerce Clause

CourtSpeak: Betts v. Brady (1942) Right to Counsel Case

Justice Hugo Black (dissenting): “A practice cannot be reconciled with ‘common and fundamental ideas of fairness and right,’ which subjects innocent men to increased dangers of conviction merely because of their poverty. Whether a man is innocent cannot be determined from a trial in which, as here, denial of counsel has made it impossible to conclude, with any satisfactory degree of certainty, that the defendant’s case was adequately presented.”


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