Summary

Portrait of Hugo Black Hugo Black Betts v. Brady — Dissenting Opinion

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. No one questions that due process requires a hearing before conviction and sentence for the serious crime of robbery.
Source: Wikisource

Portrait of Hugo Black Hugo Black Betts v. Brady — Dissenting Opinion

Historically and in practice, in our own country, at least, it has always included the right to the aid of counsel when desired and provided by the person asserting the right . . . Even the intelligent [p476] and educated layman . . . 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 in 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.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature