Bute v. Illinois

Mr. Justice Douglas,

with whom

Mr. Justice Black, Mr. Justice Murphy and Mr. Justice Rutledge concur, dissenting.

In considering cases like this and the ill-starred decision in Betts v. Brady,1 316 U. S. 455, we should ask ourselves *678this question: Of what value is the constitutional guaranty of a fair trial if an accused does not have counsel to advise and defend him?

The Framers deemed the right of counsel indispensable, for they wrote into the Sixth Amendment that in all criminal prosecutions the accused “shall enjoy the right . . . to have the Assistance of Counsel for his defence.” Hence, if…