William O. Douglas

“ Justice FRANKFURTER states in his dissenting opinion that rule is the product of a civilization which by respecting the dignity even of the least worthy citizen raises the stature of all of us and builds an atmosphere of trust and confidence in government. ”

“ The requirement of counsel, the right of the accused to be confronted with the witnesses against him, his right to be given notice of the charge, his right to a fair and impartial tribunal, his right to a jury drawn from a fair cross-section of the community-none of these guarantees given by the Constitution is more precise than the prohibition against coerced confessions.
The rule now announced is, indeed, contrary to our prior decisions dealing with the effect of a coerced confession on a judgment of conviction. See Malinski v. People of State of New York, 324 U.S. 401, 404, 65 S.Ct. ”

“ And the right to counsel includes the right to have counsel appointed in time to allow adequate preparation of the case. Neither in the Powell case nor in any of those which followed it has the weight of the evidence against the defendant been deemed relevant to the issue of the validity of the conviction. ”