powell state argued october decided november walter pollak new york city petitioners thomas knight montgomery state alabama justice sutherland delivered opinion cases argued together submitted decision one case petitioners hereinafter referred defendants negroes charged crime rape committed upon persons two white girls crime said committed march indictment returned state first instance march record recites day defendants arraigned entered pleas guilty recital effect upon arraignment represented counsel counsel employed aside statement made trial judge several days later colloquy immediately preceding trial record disclose circumstances appointment counsel made appointed colloquy referred trial judge response question said appointed members bar purpose arraigning defendants course anticipated members bar continue help defendants counsel appeared upon argument sides accepted correct statement facts concerning matter severance upon request state defendants tried three several groups indicated three cases called trial defendant arraigned indictment read entered plea guilty whether original arraignment pleas regarded ineffective shown three trials completed within single day alabama statute punishment rape fixed jury discretion may ten years imprisonment death juries found defendants guilty imposed death penalty upon trial overruled motions new trials sentenced defendants accordance verdicts judgments affirmed state chief justice anderson thought defendants accorded fair trial strongly dissented weems state patterson state powell state judgments assailed upon grounds defendants denied due process law equal protection laws contravention fourteenth amendment specifically follows given fair impartial deliberate trial denied right counsel accustomed incidents consultation opportunity preparation trial tried juries qualified members race systematically excluded questions properly raised saved courts one assignments shall consider second respect denial counsel becomes unnecessary discuss facts case circumstances surrounding prosecution except far reflect light upon question record shows day offense said committed defendants together number negroes upon freight train way alabama train seven white boys two white girls fight took place negroes white boys course white boys exception one named gilley thrown train message sent ahead reporting fight asking every negro gotten train participants fight two girls open gondola car two girls testified assaulted six different negroes turn identified seven defendants among number none white boys called testify exception gilley called rebuttal train reached scottsboro sheriff posse seized defendants two negroes girls negroes taken scottsboro county seat word coming alleged assault preceded met scottsboro large crowd sufficiently appear defendants seriously threatened actually danger mob violence appear attitude community one great hostility sheriff thought necessary call militia assist safeguarding prisoners chief justice anderson pointed opinion every step taken arrest arraignment sentence accompanied military soldiers took defendants gadsden brought back scottsboro arraignment returned gadsden awaiting trial escorted scottsboro trial days later guarded courthouse grounds every stage proceedings perfectly apparent proceedings beginning end took place atmosphere tense hostile excited public sentiment entire time defendants closely confined military guard record disclose ages except one nineteen record clearly indicates youthful constantly referred boys ignorant illiterate residents alone members families friends resided however guilty defendants upon due inquiry might prove convicted presumed innocent duty cases charge see denied necessary incident fair trial error state involving alleged contravention state statutes constitution course nothing sole inquiry permitted make whether federal constitution contravened rogers peck hebert state louisiana confine already suggested inquiry whether defendants substance denied right counsel whether denial infringes due process clause fourteenth amendment first record shows immediately upon return indictment defendants arraigned pleaded guilty apparently asked whether able employ counsel wished counsel appointed whether friends relatives might assist regard communicated idle ceremony given defendants reasonable opportunity communicate families endeavor obtain counsel demonstrated fact soon conviction able counsel appeared behalf pointed chief justice anderson course dissenting opinion nonresidents said little time opportunity get touch families friends scattered throughout two time onstrated represented able counsel better opportunity given reasonable delay trial cases judging number activity counsel appeared immediately shortly conviction powell state pages hardly necessary say right counsel conceded defendant afforded fair opportunity secure counsel choice done designation counsel attempted either indefinite close upon trial amount denial effective substantial aid regard amply demonstrated brief review record april six days indictment trials began first case called inquired whether parties ready trial state attorney replied ready proceed one answered defendants appeared represent defend roddy tennessee lawyer member local bar addressed saying employed people interested spoken case asked whether intended appear defendants answered like appear along counsel might appoint record proceeds appear defendants appoint counsel local counsel willing appear assist circumstances right appoint roddy honor appointed counsel correct appointed members bar purpose arraigning defendants course anticipated continue help counsel appears roddy appear counsel want stay ruled case course roddy appear courtesy honor course give right apparently addressing lawyers present inquired well willing assist moody honor appointed us proceeding along every line know honor appointment thing trying counsel appears defendants want impose feel like counsel moody see situation course run anything yet course honor purposes appoint us mr parks willing go bar conferred defendants case know else thing want impose members bar counsel unqualifiedly appears feel like roddy interested limited way assist care parks honor feel like impose member local bar defendants represented counsel trying ascertain mr parks parks course counsel see necessity appointing anybody counsel course think appoint counsel represent think right mr parks reason trying get expression roddy roddy think mr parks entirely right paid employed different thing prepared case trial called people interested boys chattanooga given opportunity prepare case familiar procedure alabama merely came friend people interested paid counsel certainly money pay nobody interested come put fund money come pay counsel glad turn counsel merely solicitation people become interested case without payment fee without preparation trial think boys better step entirely case according way looking according lack preparation familiar procedure alabama roddy later observed anything help glad interested extent well gentlemen roddy appears assistant way think proper appoint members bar represent expect right roddy appear course appoint anybody see roddy make qualified appointment limited appointment course mean cut assistance gentlemen think understand moody willing go ahead help roddy anything circumstances right lawyers course require lawyer appear moody willing go ahead help roddy anything circumstances right lawyers course require lawyer appear moody willing member bar go ahead help anything right casual fashion matter counsel capital case disposed thus seen morning trial lawyer named definitely designated represent defendants prior time trial judge members bar limited arraigning defendants whether represent defendants thereafter counsel appeared behalf matter speculation judge indicated mere anticipation part designation even made purposes opinion fallen far short meeting proper sense requirement appointment counsel many lawyers members bar appear nature things whether many thus collectively named given clear appreciation responsibility impressed individual sense duty naturally accompany appointment selected member bar specifically named assigned action trial judge respect appointment counsel little expansive gesture imposing substantial definite obligation upon one borne fact prior calling case trial april leading member local bar accepted employment side prosecution actively participated trial true said understood roddy employed counsel defendants lawyer question accord frankly stated doubt acted utmost good faith probably members bar like understanding event circumstance lends emphasis conclusion perhaps critical period proceedings defendants say time arraignment beginning trial consultation investigation preparation vitally important defendants aid counsel real sense although much entitled aid period trial people ex rel burgess riseley batchelor state ind think situation helped occurred morning trial time appears colloquy printed roddy stated appear counsel like appear along counsel might appoint given opportunity prepare case familiar procedure alabama merely came friend people interested thought boys better step entirely case moody member local bar expressed willingness help roddy anything circumstances responded right lawyers course require lawyer appear moody continued willing member bar go ahead help anything dubious understanding trials immediately proceeded defendants young rant illiterate surrounded hostile sentiment haled back forth guard soldiers charged atrocious crime regarded especial horror community tried thus put peril lives within moments counsel first time charged degree responsibility began represent enough assume counsel thus precipitated case thought defense exercised best judgment proceeding trial without preparation neither say prompt investigation might disclose facts attempt made investigate opportunity given defendants immediately hurried trial chief justice anderson disclaiming intention criticize harshly counsel attempted represent defendants trials said record indicates appearance rather pro forma zealous active circumstances disclosed hold defendants accorded right counsel substantial sense decide otherwise simply ignore actualities conclusion finds ample support reasoning overwhelming array state decisions among cite following sheppard state reliford state mcarver state sanchez state ind batchelor state ind mitchell commonwealth jackson commonwealth state collins la state pool people ex rel burgess risley state ex rel tucker davis commonwealth shaffer territory true great inexcusable delay enforcement criminal law one grave evils time continuances frequently granted unnecessarily long periods time delays incident disposition motions new trial hearings upon appeal come many cases distinct reproach administration justice prompt disposition criminal cases commended encouraged reaching result defendant charged serious crime must stripped right sufficient time advise counsel prepare defense proceed promptly claim spirit regulated justice go forward haste mob said commonwealth vain give accused day opportunity prepare guarantee counsel without giving latter opportunity acquaint facts law case prompt vigorous administration criminal law commendable desire clog wheels justice decide force defendant charged serious misdemeanor trial within five hours arrest due process law regardless merits case compare reliford state second constitution alabama const provides criminal prosecutions accused shall enjoy right assistance counsel state statute code requires capital case defendant unable employ counsel appoint counsel state held provisions infringed holding powerless interfere question however duty within power decide whether denial assistance counsel contravenes due process clause fourteenth amendment federal constitution recognition right defendant charged felony aid counsel depended upon existence similar right common law existed england constitution adopted great difficulty maintaining necessary due process originally england person charged treason felony denied aid counsel except respect legal questions accused might suggest time parties civil cases persons accused misdemeanors entitled full assistance counsel revolution rule abolished treason otherwise steadily adhered act parliament full right granted respect felonies generally cooley constitutional limitations ed et notes affirmation right aid counsel petty offenses denial case crimes gravest character aid needed outrageous obviously perversion sense proportion rule constantly vigorously sometimes passionately assailed english statesmen lawyers early blackstone although recognizing rule settled common law denounced keeping rest humane treatment prisoners english law upon face reason says assistance denied save life man yet allowed prosecutions every petty trespass blackstone one grounds upon lord coke defended rule felonies counsel prisoner cooley constitutional limitations supra judge whose functions purely judicial effectively discharge obligations counsel accused see proceedings accused shall dealt justly fairly investigate facts advise direct defense participate necessary conferences counsel accused sometimes partake inviolable character confessional rule rejected colonies adoption federal constitution constitution maryland declared criminal prosecutions every man hath right allowed counsel article constitution constitution massachusetts adopted part first art constitution new hampshire adopted part art constitution new york article constitution pennsylvania declaration rights art also declared effect case pennsylvania early penn charter article declared criminals shall privileges witnesses council prosecutors also provision pennsylvania statute may dallas laws pennsylvania vol capital cases learned counsel assigned prisoners delaware constitution article adopted common law england expressly excepted parts repugnant rights privileges contained declaration rights declaration rights adopted september provided article prosecutions criminal offences every man hath right allowed counsel addition penn charter already referred applicable delaware original constitution new jersey article contained provision like penn charter effect criminals admitted privileges counsel prosecutors original constitution north carolina contain guaranty chapter sess laws car rev laws vol provided every person accused crime misdemeanor whatsoever shall entitled council matters may necessary defence well facts law similarly south carolina original constitution contain provision counsel provided early act august xliii grimke car pub laws every person charged treason murder felony capital offense admitted make full defense counsel learned law virginia constitutional provision subject early august chapter laws geo ii hening stat large vol act declaring trials capital offenses prisoner upon petition allowed counsel original constitution connecticut article contained provision criminal prosecutions accused shall right heard counsel constitution adopted however appears english rule rejected practice long prior see zephaniah swift system laws state connecticut printed windham john byrne vol ii bk crimes punishments xxiv trials pp original constitution georgia contain guarantee respect counsel constitution article provided person shall debarred advocating defending cause tribunal either counsel practice prior unable discover first constitution adopted rhode island constitution contained usual guaranty respect assistance counsel criminal prosecutions early provided statute language sixth amendment federal constitution criminal prosecutions accused shall enjoy right assistance counsel defence act declaratory certain rights people state section rev pub laws rhode island providence plantations furthermore statute available recorded matter history colonial assembly enacted person indicted might employ attorney plead behalf arnold history rhode island thus appears least twelve thirteen colonies rule english common law respect consideration definitely rejected right counsel fully recognized criminal prosecutions save one two instances right limited capital offenses serious crimes seems opinion true colonies holden hardy justice brown writing said earlier practice common law denied benefit witnesses person accused felony abolished statute though far deprived assistance counsel compulsory process attendance witnesses changed england credit american colonies let said oppressive doctrine never obtained foothold one test applied determine whether due process law accorded given instances ascertain settled usages modes proceeding common statute law england declaration independence subject however qualification shown unsuited civil political conditions ancestors followed country became nation lowe kansas compare den ex dem murray hoboken land improvement twining new jersey plainly appears foregoing test thus qualified met present case overlook case hurtado california determined due process law require indictment grand jury prerequisite prosecution state murder support conclusion pages referred fact fifth amendment addition containing due process law clause vides explicit terms person shall held answer capital otherwise infamous crime unless presentment indictment grand jury said since part important amendment regarded superfluous obvious inference sense constitution due process law intended include ex vi termini institution procedure grand jury case phrase employed fourteenth amendment restrain action interpreted used sense greater extent purpose amendment perpetuate institution grand jury embodied fifth amendment express declaration effect sixth amendment terms provides criminal prosecutions accused shall enjoy right assistance counsel defence face reasoning hurtado case stood alone difficult justify conclusion right counsel thus specifically granted sixth amendment also within intendement due process law clause hurtado case stand alone later case chicago burlington chicago held judgment state even though authorized statute private property taken public use without compensation violation due process law required fourteenth amendment notwithstanding fifth amendment explicitly declares private property shall taken public use without compensation holding followed norwood baker smyth ames san diego land town company national city likewise considered freedom speech press rights protected due process clause fourteenth amendment although first amendment congress prohibited specific terms abridging right gitlow people state new york stromberg california near minnesota later cases establish notwithstanding sweeping character language hurtado case rule laid without exceptions rule aid construction instances may conclusive must yield compelling considerations whenever considerations exist fact right involved character denied without violating principles liberty justice lie base civil political institutions hebert state louisiana obviously one compelling considerations must prevail determining whether embraced within due process clause fourteenth amendment although specifically dealt another part federal constitution evidently later cases enumerated regarded rights consideration fundamental character distinction must observed foreshadowed twining new jersey justice moody speaking said possible personal rights safeguarded first eight amendments national action may also safeguarded state action denial denial due process law chicago burlington quincy railroad chicago rights enumerated first eight amendments nature included conception due process law question never categorically determined consideration nature right review expressions courts makes clear right aid counsel fundamental character never doubted far know notice hearing preliminary steps essential passing enforceable judgment together legally competent tribunal jurisdiction case constitute basic elements constitutional requirement due process law words webster often quoted law land intended law hears condemns repeated varying forms expression multitude decisions holden hardy necessity due notice opportunity heard described among principles justice inhere idea free government member union may disregard justice field earlier case galpin page wall said rule one shall personally bound day old law meant must cited appear afforded opportunity heard without citation opportunity wants attributes judicial determination judicial usurpation oppression never upheld justice justly administered citations effect might indefinitely multiplied occasion hearing include historically practice country least always included right aid counsel desired provided party asserting right right heard many cases little avail comprehend right heard counsel even intelligent educated layman small sometimes skill science law charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible lacks skill knowledge adequately prepare defense even though perfect one requires guiding hand counsel every step proceedings without though guilty faces danger conviction know establish innocence true men intelligence much true ignorant illiterate feeble intellect case civil criminal state federal arbitrarily refuse hear party counsel employed appearing reasonably may doubted refusal denial hearing therefore due process constitutional sense decisions point conclusion cooke held contempt open due process law required charges reasonable opportunity defend explain added think includes assistance counsel requested numerous cases determining due process accorded frequently stressed fact defendant aid counsel see example felts murphy frank mangum kelley state oregon ex parte hidekuni iwata federal trict judge enumerated among elements necessary due process law deportation case opportunity stage hearing secure advice assistance counsel ex parte chin loy also deportation case district judge held particular circumstances case prisoner seasonably made demand entitled confer aid counsel pointing fact right counsel secured sixth amendment relates criminal prosecutions judge said equally true provision inserted constitution assistance counsel recognized essential fair trial case prisoner ex parte riggins case involving due process clause fourteenth amendment said way illustration state deprive person benefit counsel due process law judge cooley refers right person accused crime counsel perhaps important privilege discussing development english law upon subject says us universal principle constitutional law prisoner shall allowed defense counsel cooley constitutional limitations ed author appears chapter added edition story constitution regarded right accused presence advice assistance counsel necessarily included due process law story constitution ed state decisions refer matter invariably recognize right aid counsel fundamental character people napthaly cal cutts state martin state sheppard state state moore state ferris state simpson state briggs light facts outlined forepart ignorance illiteracy defendants youth circumstances public hostility imprisonment close surveillance defendants military forces fact friends families communication necessarily difficult stood deadly peril think failure trial give reasonable time opportunity secure counsel clear denial due process passing assuming inability even opportunity given employ counsel trial evidently assume opinion circumstances stated necessity counsel vital imperative failure trial make effective appointment counsel likewise denial due process within meaning fourteenth amendment whether criminal prosecutions circumstances need determine necessary decide decide capital case defendant unable employ counsel incapable adequately making defense ignorance illiteracy like duty whether requested assign counsel necessary requisite due process law duty discharged assignment time circumstances preclude giving effective aid preparation trial case hold otherwise ignore fundamental postulate already adverted certain immutable principles justice inhere idea free government member union may disregard holden hardy supra case whatever may rule cases right counsel appointed necessary logical corollary constitutional right heard counsel compare carpenter sprague dane county dane county smith hendryx state ind cutts state people goldenson cal delk state hendryx state supra statute authorizing assignment attorney defend indigent person accused crime held assignment necessary accomplish ends public justice possessed inherent power make prisoner said page legal knowledge confined jail absent friends without aid legal advice means investigating charge impossible conceive fair trial compelled conduct cause without aid counsel trial far removed exparte proceeding let us suppose extreme case prisoner charged capital offense deaf dumb illiterate unable employ counsel whole power state arrayed prosecuted counsel state without assignment counsel defense tried convicted sentenced death result carried execution little short judicial murder doubted gross violation guarantee due process law venture think appellate state federal hesitate decide see stephenson state ohio app williams state ark grogan commonwealth mullen state williams commonwealth duty trial appoint counsel circumstances clear clear circumstances disclosed record power even absence statute questioned attorneys officers bound render service required appointment see cooley constitutional limitations supra note statute every state union express provision law determination courts make duty trial judge accused unable employ counsel appoint counsel rule applies broadly criminal prosecutions others limited serious crimes limited number capital cases rule adopted unanimous accord reflects establish inherent right counsel appointed least cases like present lends convincing support conclusion reached fundamental nature right judgments must reversed causes remanded proceedings inconsistent opinion judgments reversed justice bulter dissenting putting utterly without claims constitutional rights petitioners infringed grounds opinion judgment upon single assertion fact petitioners denied right counsel accustomed incidents consultation opportunity preparation trial true denied due process law entitled judgments reversed denial shown record nine defendants including patterson accused one indictment also separately indicted instead trying en masse state gave four trials lessened danger mistake injustice inevitably attends attempt single trial ascertain guilt innocence many accused weems norris tried first patterson tried next separate indictment five tried eight found guilty defendant roy wright tried last convicted convicted defendants took three cases state judgment williams reversed seven petitioners affirmed three painstaking opinions different justice writing case weems state patterson state powell state many numerous questions decided raised trial reflect upon defendant counsel much credit zeal diligence behalf clients seven justices heard cases chief justice alone dissenting find contention accused sufficient warrant reversal alluded number considerations deemed sufficient taken together warrant conclusion defendants fair trial said page think bit inaccurate say roddy appeared amicus curiae refers remark dissenting opinion expressly announced beginning instance friends accused paid counsel asked appear employed counsel aid local counsel appointed permitted appear defendants represented shown record pursuant appointment hon milo moody able member local long successful experience trial criminal well civil cases regard representation accused counsel pro forma rigorous rigid made state witnesses alleged victims rape especially cases first tried reading records discloses experienced counsel travel ground case informality disclosed colloquy counsel quoted opinion heavily leaned entitled weight must inferred record roddy times touch defendants people procured act moody others local bar also acted defendants time first arraignment appears part record quoted opinion thereafter proceeded discharge duty including conferences defendants slightest ground suppose roddy moody fear manner restrained full performance duties indeed clearly appears state proper adequate show purpose power preserve order furnished adequate protection defendants first case called trial defendants attorneys already prepared submitted motion change venue together supporting papers ready introduce testimony witnesses sustain demand procured ready offer evidence show defendants roy wright eugene williams age record shows state evidence ample warrant conviction three defendants asserting innocence testified saw others accused commit crime charged regard disclosures may probably made petitioners roddy moody trial difficult think anything counsel erroneously omitted defense lack opportunity preparation trial counsel applied postponement application made suggestion trial motion new trial made roddy moody denied opportunity fact fully prepared amended motion new trial counsel succeeded contains first suggestion defendants denied counsel opportunity prepare trial neither roddy moody given support claim silence requires finding claim groundless merit bound support one come suggest lack zeal good faith part correct ruling failure trial give petitioners time opportunity secure counsel denied due process enough opinion end goes declare failure trial make effective appointment counsel likewise denial due process within meaning fourteenth amendment extension federal authority field hitherto occupied exclusively several nothing calls consideration point suggested petitioners ask decision without called upon consider adjudges without hearing important constitutional question concerning criminal procedure state courts wise rule firmly established long course decisions constitutional properly raised decided necessary determination rights parties controversy thus charles river bridge case pet page said questions deepest importance raised elaborately discussed argument necessary decision case express opinion upon deem proper avoid volunteering opinion question involving construction constitution case bring question directly make duty decide upon see davidson new orleans et seq hauenstein lynham blair adkins children hospital record wholly fails reveal petitioners deprived right guaranteed federal constitution opinion judgment affirmed justice mcreynolds concurs opinion footnotes ancient work consisting six books long print copy preserved locked files library congress following extract pages cited interesting instructive attorney state proceeds lay jury evidence prisoner without remarks arguments prisoner counsel allowed produce witnesses counteract obviate testimony exculpate freedom civil cases never admitted cruel illiberal principle common law england man trial life shall refused counsel denied means defense allowed trifling pittance property question flimsy pretence counsel prisoner highten indignation practice apparent least consideration never furnish person accused crime advice assistance necessary make defense doctrine might propriety advanced time common law england witnesses adduced part prisoner manifest innocence make preparation defense one read without horror astonishment abominable maxims law deprived persons accused trial crimes assistance counsel except points law advantage witnesses exculpate charge seems ancient practice whenever person accused crime every expedient adopted convict every privilege denied prove innocence england however law stands prisoners allowed full advantage witnesses excepting cases common law enforced denying counsel except points law ancestors first enacted laws respecting crimes influenced illiberal principles imbibed native country denied counsel prisoners plead anything points law manifest much necessity counsel investigate matters fact points law truth discovered legislature become thoroughly convinced impropriety injustice shackling restricting prisoner respect defence abolished odious laws every person accused crime entitled every possible privilege making defence manifesting innocence instrumentality counsel testimony witnesses early statutes connecticut upon examination seem clear last paragraph indicate mr swift writing better position know statutes interpreted applied actual practice reader see reason reject statement