William J. Brennan, Jr.

Name: Mayer v. City of Chicago — Opinion of the Court
Author: William J. Brennan, Jr.

Mayer v. City of Chicago — Opinion of the Court

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“Mayer v. City of Chicago — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as transcript, appeal and appellant.

Quotes from Mayer v. City of Chicago — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ Unfortunately one consequence of the advent of the Criminal Justice Act and state counterparts is that when costs are paid by the public, counsel are sometimes profligate in their demands, or yield their professional judgment to the client's desires. This is more than a matter of costs. An affluent society ought not be miserly in support of justice, for economy is not an objective of the system; the real vice is the resulting delay in securing transcripts and hence determining the appeal. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ Arbitrary denial of appellate review of proceedings of the State's lowest trial courts may save the State some dollars and cents, but only at the substantial risk of generating frustration and hostility toward its courts among the most numerous consumers of justice.
We conclude that appellant cannot be denied a 'record of sufficient completeness' to permit proper consideration of his claims. We repeat that this does not mean that he is automatically entitled to a full verbatim transcript. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ A fine may bear as heavily on an indigent accused as forced confinement. The collateral consequences of conviction may be even more serious, as when (as was apparently a possibility in this case) the impecunious medical student finds himself barred from the practice of medicine because of a conviction he is unable to appeal for lack of funds. Moreover, the State's long-term interest would not appear to lie in making access to appellate processes from even its most inferior courts depend upon the defendant's ability to pay. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ The invidiousness of the discrimination that exists when criminal procedures are made available only to those who can pay is not erased by any differences in the sentences that may be imposed. The State's fiscal interest is, therefore, irrelevant. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ In the examples given, the fact that an appellant with funds may choose to waste his money by unnecessarily including in the record all of the transcript does not mean that the State must waste its funds by providing what is unnecessary for adequate appellate review.'
We emphasize, however, that the State must provide a full verbatim record where that is necessary to assure the indigent as effective an appeal as would be available to the defendant with resources to pay his own way. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ Every busy court is plagued with excessive demands for free transcripts in criminal cases. [10] My own experience over the years indicates that privately employed counsel are usually spartan in their demands because the client must pay his own costs. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ With the enormous increase in criminal cases, reporters are often unable to keep up with the demand for transcripts and at the same time continue with regular reporting. Some reporters fail to make adequate arrangements for stenographers to transcribe their notes, which can be done by someone other than the reporter. ”

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Source: Wikisource

William J. Brennan, Jr., Mayer v. City of Chicago — Opinion of the Court

“ This holding rested on the 'constitutional guaranties of due process and equal protection both (of which) call for procedures in criminal trials which allow no invidious discriminations between persons and different groups of persons.' Id., at 17, 76 S.Ct., at 589. We said that ' (p) lainly the ability to pay costs in advance bears no rational relationship to a defendant's guilt or innocence * * *,' id., at 17-18, 76 S.Ct., at 590, and concluded that ' (t) here can be no equal justice where the kind of trial a man gets depends on the amount of money he has.' Id., at 19, 76 S.Ct., at 591. ”

William J. Brennan, Jr.

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