Hugo Black

“ I would not let any criminal conviction become invulnerable to collateral attack where there is left remaining the probability or possibility that constitutional commands related to the integrity of the fact-finding process have been violated. In such situations society has failed to perform its obligation to prove beyond a reasonable doubt that the defendant committed the crime. ”

“ It is this element of probable or possible innocence that I think should be given weight in determining whether a judgment after conviction and appeal and affirmance should be open to collateral attack, for the great historic role of the writ of habeas corpus has been to insure the reliability of the guilt-determining process. [3] In Fay v. Noia, Noia and his two codefendants have been c nvicted of felony murder in New York state court and each had been sentenced to life imprisonment. The sole evidence against each defendant was his confession. ”

“ United States, 364 U.S. 206, 217, 80 S.Ct. 1437, 1444, 4 L.Ed.2d 1669 (1960) , where we said: 'The (exclusionary) rule is calculated to prevent, not to repair. Its purpose is to deter-to compel respect for the constitutional guaranty in the only effectively available way-by removing the incentive to disregard it.' This same recognition that no personal right of the prisoner can be vindicated in these Fourth Amendment cases was stressed in this Court's opinion in Linkletter, supra: 'We cannot say that this (deterrent) purpose would be advanced by making the rule retrospective. ”

“ As further noted below, this rule is subject to an exception for special circumstances * * *.
'Many opinions declare that collateral attack, as by habeas corpus, is available to correct the denial of a constitutional right. This is the general rule but it is not an absolute. * * *
'The courts are called on to evolve and provide procedures and remedies that are effective to vindicate constitutional rights. ”

“ How this purpose can be served by the broad and unqua ified rule adopted by the Court today is something of a mystery. Of course, the shortcomings inherent in any human system make it impossible to eliminate entirely all the incentives to conduct an illegal search. ”

“ Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) , that almost every 'constitutional right' referred to in this sense played a central role in assuring that the trial would be a reliable means of testing guilt. It is true that the prohibition against coerced confessions has been vigorously enforced even in the absence of proof that the confession itself was unreliable, e.g., Rogers v. ”