Hugo Black

“ Under Illinois law in order to get full direct appellate review of alleged errors by a writ of error it is necessary for the defendant to furnish the appellate court with a bill of exceptions or report of proceedings at the trial certified by the trial judge. [2] As Illinois concedes, it is sometimes impossible to prepare such bills of exceptions [3] or reports without a stenographic transcript of the trial proceedings. [4] Indigent defendants sentenced to death are provided with a free transcript at the expense of the county where convicted. ”

“ Both equal protection and due process emphasize the central aim of our entire judicial system-all people charged with crime must, so far as the law is concerned, 'stand on an equality before the bar of justice in every American court.' Chambers v. ”

“ In criminal trials a State can no more discriminate on account of poverty than on account of religion, race, or color. Plainly the ability to pay costs in advance bears no rational relationship to a defendant's guilt or innocence and could not be used as an excuse to deprive a defendant of a fair trial. ”

“ We do not hold, however, that Illinois must purchase a stenographer's transcript in every case where a defendant cannot buy it. The Supreme Court may find other means of affording adequate and effective appellate review to indigent defendants. For example, it may be that bystanders' bills of exceptions or other methods of reporting trial proceedings could be used in some cases. [17] The Illinois Supreme Court appears to have broad power to promulgate rules of procedure and appellate practice. ”

“ Counsel for Illinois denies that this violates either the Due Process or the Equal Protection Clause, but states that if it does, the Illinois Post-Conviction statute entitles petitioners to a free transcript. The sole question for us to decide, therefore, is whether due process or equal protection has been violated. [9]
Providing equal justice for poor and rich, weak and powerful alike is an age-old problem. [10] People have never ceased to hope and strive to move closer to that goal. ”

“ Mr. Justice BLACK announced the judgment of the Court and an opinion in which THE CHIEF JUSTICE, Mr. Justice DOUGLAS, and Mr. Justice CLARK, join.
Illinois law provides that 'Writs of error in all criminal cases are writs of right and shall be issued of course.' [1] The question presented here is whether Illinois may, consistent with the Due Process and Equal Protection Clauses of the Fourteenth Amendment, administer this statute so as to deny adequate appellate review to the poor while granting such review to all others. ”