Summary

Portrait of Hugo Black Hugo Black Coleman v. Alabama (399 U.S. 1…

I fear that the prevailing opinion seems at times to proceed on the premise that the constitutional principle ultimately at stake here is not the defendant's right to counsel as guaranteed by the Sixth and Fourteenth Amendments but rather a right to a 'fair trial' as conceived by judges. While that phrase is an appealing one, neither the Bill of Rights nor any other part of the Constitution contains it. The pragmatic, government-fearing authors of our Constitution and Bill of Rights did not, and I think wisely did not, use any such vague, indefinite, and elastic language.
Source: Wikisource

Portrait of Hugo Black Hugo Black Coleman v. Alabama (399 U.S. 1…

It declares a man charged with a crime shall be afforded a lawyer to defend him even though all the judges throughout the entire United States should declare, 'It is only when we think fairness requires it that an accused shall have the assistance of counsel for his defense.' For one, I still prefer to trust the liberty of the citizen to the plain language of the Constitution rather than to the sense of fairness of particular judges.
Source: Wikisource

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