Gideon's Trumpet (33 page)
Authors: Anthony Lewis
Tags: #Biography & Autobiography, #Retail, #Nonfiction, #Legal, #History
3
The Pennsylvania case:
Commonwealth ex rel. Simon v. Maroney
, 405 Pa. 562, 176 A.2d 94 (1961).
1
Stewart,
Right to Counsel
, 18 Legal Aid Brief Case 91, 93 (1960).
2
The Bennett testimony was before the Senate Judiciary Committee.
3
Ervin,
Uncompensated Counsel: They Do Not Meet the Constitutional Mandate
, 49 Am. Bar Assn. Journal 435, 436 (1963).
4
Attorney General Kennedy’s testimony was before House Judiciary Subcommittee No. 5, May 22, 1963.
5
Whitney Seymour spoke to the National Conference of Bar Presidents in Chicago, August 10, 1963.
6
The Clark speech was to the Virginia State Bar Association, July 13, 1963.
7
Judge Lumbard’s comment was in an address to the New England Conference on the Defense of Indigent Persons Accused of Crime, Cambridge, October 31, 1963.
8
Clark, Law Day address at St. Louis University, April 20, 1963.
9
Warren, remarks at the luncheon of the Conference of Judicial Councils, May 23, 1963.
10
The first reaction in the states to
Gideon v. Wainwright
was summarized in the
New York Times
, June 30, 1963, p. 39.
11
The Maryland case was
White v. Maryland
, 373 U.S. 59 (1963).
12
The cases on retrospective application:
Pickelsimer v. Wainwright
, 375 U.S. 2 (1963).
13
The Smith statement is in 8 American Bar News No. 4, p. 8. Chief Justice Harris of Arkansas addressed the Conference of Chief Justices in Chicago Aug. 9, 1963.
14
Angell,
The Burial of Betts v. Brady
, 18 Record of the Assn. of the Bar 265, 271 (1963).
15
The
St. Petersburg Times
, March 20, 1963, p. 14-A.
16
The
Washington Post
, Aug. 11, 1963, p. E4.
1
In the development of the constitutional law of criminal procedure the line of coerced-confession cases begins with the revolting physical brutality of
Brown v. Mississippi
, 297 U.S. 278 (1936). (Three Negroes were charged with murder; one was hanged from a tree until he confessed, and the other two had their “backs cut to pieces with a leather strap with buckles on it,” in Chief Justice Hughes’ words.) Now psychological pressure is enough to void a confession. A week after the Gideon case the Court barred the use of a statement that the police had obtained from a woman by threatening to take her children from her if she did not confess.
Lynumn v. Illinois
, 372
U.S. 528 (1963). The Court has also begun to move in on the ugly American phenomenon of pre-trial publicity prejudicial to the defendant. In
Irvin v. Dowd
, 366 U.S. 717 (1961) it set aside the conviction of an accused murderer because a majority of his jurors admitted that they had been prejudiced against him by stories describing him as a “mad-dog killer.” In
Rideau v. Louisiana
, 373 U.S. 723 (1963), a defendant’s oral confession to the sheriff was filmed in jail and broadcast to the community on television three times. Justice Stewart, writing for the Court, said these “kangaroo-court proceedings” were “a more subtle but no less real deprivation of due process of law” than the torture in
Brown v. Mississippi
In one generation the meaning of due process had been enlarged by the Supreme Court to prohibit not only physical cruelty but the latest electronic methods of degrading the human personality.
2
The Missouri law-school segregation case was
Missouri ex rel. Gaines v. Canada
, 305 U.S. 337 (1938).
3
The Reapportionment Case:
Baker v. Carr
, 369 U.S. 186 (1962).
4
Jaffe,
Impromptu Remarks
, 76 Harv. L. Rev. 1111 (1963).
5
The remark of Attorney General Kennedy was in testimony before House Judiciary Subcommittee No. 5, May 22, 1963.
6
For an illustrative deportation case see
Niukkanen v. McAlexander
, 362 U.S. 390 (1960).
7
Goodhart,
Legal Procedure and Democracy
, 47 Journal of the American Judicature Society 58, 61 (1963).
8
Appointment of judges to serve during good behavior was established in England by the Act of Settlement of 1700.
9
Schaefer,
Federalism and State Criminal Procedure
, 70 Harv. L. Rev. 1, 26 (1956).
10
Holmes on the unifying national role of the Supreme Court: in
Law and the Court
, a 1913 address reprinted in
An Autobiography of the Supreme Court
(Westin, editor) 134, 137 (1963).
11
Justice Frankfurter used the phrase “conscience of society” in
Bartkus v. Illinois
, 359 U.S. 121, 128 (1959). The interplay of the Court and public opinion on school segregation is brilliantly traced in Bickel,
The Least Dangerous Branch
266–7 (1962).
12
Chambers v. Florida
, 309 U.S. 227, 241 (1940).
13
The quotation from Professor Allen is at p. 219 of his De Paul article, op. cit.
14
De Tocqueville, I
Democracy in America
151 (Knopf edition 1951).
15
The case of the bakers’ ten-hour day was
Lochner v. New York
, 198 U.S. 45 (1905).
16
Reich,
Mr. Justice Black and the Living Constitution
, 76 Harv. L. Rev. 673 (1963).
17
Frankfurter on procedural safeguards:
McNabb v. United States
, 318 U.S. 332, 347 (1943). And on the advancing standards of due process:
Wolf v. Colorado
, 338 U.S. 25, 27 (1949).
Freund, Paul A.,
The Supreme Court of the United States
, Meridian, Cleveland (1961). A paperback that gives an intimate and sensitive view of the Court and its function.
Curtis, Charles P., Jr.,
Lions Under the Throne
, Houghton Mifflin, Boston (1947). The argument is that, ultimately, the Court must be subordinate to the political arms of Government.
Bickel, Alexander M.,
The Unpublished Opinions of Mr. Justice Brandeis: the Supreme Court at Work
, Harvard University Press, Cambridge (1957). A revealing, scholarly portrayal of a justice at work.
Cahn, Edmond (editor),
Supreme Court and Supreme Law
, Indiana University Press, Bloomington (1954). Essays and dialogue on
the Court’s direction at the beginning of the contemporary period.
Frank, John P.,
Marble Palace: the Supreme Court in American Life
, Alfred A. Knopf, New York (1958). A layman’s view of the Court, lively but one-sided.
Warren, Charles,
The Supreme Court in United States History
, revised edition in two volumes, Little, Brown, Boston (1960). The history of the Court in fascinating if uncritical detail, from the beginning to 1918.
Jackson, Robert H.,
The Supreme Court in the American System of Government
, Harvard University Press, Cambridge (1955). The final views of the most articulate recent justice, published posthumously.
Westin, Alan F. (editor),
An Autobiography of the Supreme Court
, Macmillan, New York (1963). A collection of extra-Court articles and comments by the justices, from early days to the present, including most of the Jackson book cited above.
Henson, Ray D. (editor),
Landmarks of Law
, Harper and Brothers, New York (1960). A broader collection, including famous legal articles not by Supreme Court justices as well as comments.
Jackson, Robert H.,
The Struggle for Judicial Supremacy
, Vintage, New York (1941). His views after the Roosevelt Court-packing struggle and before he went on the bench himself.
Frankfurter, Felix,
Of Law and Men
(Elman, Philip, editor), Harcourt, Brace and Co., New York (1956). A collection of essays expressing Justice Frankfurter’s influential views.
Black, Hugo L.,
One Man’s Stand for Freedom
(Dilliard, Irving, editor), Alfred A. Knopf, New York (1963). The other side: Justice Black’s opinions and out-of-Court comments collected.
Hughes, Charles Evans,
The Supreme Court of the United States
, Columbia University Press, New York (1928). Written just before
Hughes went back on the bench as Chief Justice, and still a classic comment on the Court.
Howe, Mark DeWolfe,
Justice Oliver Wendell Holmes: I The Shaping Years
, Belknap Press of Harvard University Press, Cambridge (1957).
Justice Oliver Wendell Holmes: II The Proving Years
, Belknap, Cambridge (1963). The outstanding judicial biography of our day has not yet brought Justice Holmes to the Supreme Court but has already exposed the sources of his ideas.
Mason, Alpheus Thomas,
Harlan Fiske Stone: Pillar of the Law
, Viking, New York (1956). A rambling, occasionally obtuse biography whose use of the Stone papers has been criticized as improper but which is not the less interesting for them.
Dunham, Allison (editor),
Mr. Justice
, University of Chicago Press, Chicago (1956). Sketches of nine justices.