“The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence. If that be true of men of intelligence, how much more true is it of the ignorant and illiterate, or those of feeble intellect.”

Powell v. Alabama, 287 U.S. 45, 53 (1932)

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George Sutherland10

Associate Justice of the U.S. Supreme Court, United States … 1862–1942

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“Faith is conviction without evidence, and sometimes even in the face of contrary evidence. In some quarters, this quality is perceived as a virtue.”

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“Generally speaking, a witness has no business to concern himself with the merits of the case in which he is called on to give evidence or whether, when given, it will be material to the cause.”

Henry Bickersteth, 1st Baron Langdale (1783–1851) British lawyer

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“He was deeply impressed by the eloquence of the plaintiff, and after hearing his evidence he exclaimed, "I believe you are right!"
The clerk of the court explained that he should make no such comment until he had heard the case for the defence. Having done so, Nasruddin cried out, "I believe you are right!"
"But they can't both be right," expostulated the clerk.
"I believe you are right," said the Mulla.”

Nasreddin (1208–1284) philosopher, Sufi and wise man from Turkey, remembered for his funny stories and anecdotes

Ivor Lucas, A Road to Damascus (1997), , p. 84

“That in all capital or criminal prosecutions a man bath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.”

George Mason (1725–1792) American delegate from Virginia to the U.S. Constitutional Convention

Article 8
Virginia Declaration of Rights (1776)

“It is necessary to the administration of justice that every person who is accused of a crime should have an opportunity of being heard in his defence against the charge of which he is accused.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

The King v. Justices of Surrey (1794), 6 T. R. 78.

“The law of England is anxious for the interests of persons against whom charges may be made. If a man commits a crime, there is a legal and constitutional mode by which that crime may be brought into discussion. He is liable to be tried, but though his crime may be as great and as aggravated as possible, he ought to have a full, fair, dispassionate, and temperate investigation of his conduct at the time of trial.”

Sir John Bayley, 1st Baronet (1763–1841) British judge

1 St. Tr. (N. S.) 162.
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“Five more times in the succeeding pages of his penciled petition Gideon spoke of the right to counsel. To try a poor man for a felony without giving him a lawyer, he said, was to deprive him of the due process of law.”

Anthony Lewis movie Gideon's Trumpet

[8, Anthony, Lewis, w:Anthony Lewis, Vintage, 1989, 9780679723127, Gideon's Trumpet, http://books.google.com/books?id=IhDfidRb5wIC&pg=PA8&hl=en#v=onepage&q&f=false]

“They show as little Reason as Conscience who put the matter by with saying—"Men, in some cases, are lawfully made Slaves, and why may not these?" So men, in some cases, are lawfully put to death, deprived of their goods, without their consent; may any man, therefore, be treated so, without any conviction of desert? Nor is this plea mended by adding—"They are set forth to us as slaves, and we buy them without farther inquiry, let the sellers see to it." Such men may as well join with a known band of robbers, buy their ill-got goods, and help on the trade; ignorance is no more pleadable in one case than the other; the sellers plainly own how they obtain them. But none can lawfully buy without evidence that they are not concurring with Men-Stealers; and as the true owner has a right to reclaim his goods that were stolen, and sold; so the slave, who is proper owner of his freedom, has a right to reclaim it, however often sold.”

Thomas Paine (1737–1809) English and American political activist

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“(1) If a convicted man has the money to pay the docket fee and for a transcript of the proceedings at his trial, the upper federal court, by at least reading the transcript, will ascertain whether or not there was reversible error at the trial, or whether or not there was such a lack of evidence that the defendant is entitled to a new trial or a dismissal of the indictment.
(2) If, however, the defendant is so destitute that he cannot pay the docket fee, and if the trial judge has signed a certificate of 'bad faith,' then although a reading of the transcript shows clear reversible errors, the federal appellate court is powerless to hear the appeal and thus to rectify the errors; and even if the defendant has money enough to pay the docket fee but not enough for a transcript, the upper court usually has no way of determining whether there were such errors, must therefore assume there were none, and must accordingly refuse to consider his appeal. As a consequence, a poor man erroneously convicted-- e. g., where there was insufficient proof of his guilt--must go to prison and stay there. In such a situation-- i. e., where the upper court, if it had the transcript before it, would surely reverse for insufficiency of the evidence or on some other ground, but cannot do so solely because the defendant cannot pay for a transcript-- the result is this: He is punished because he is guilty of the crime of being poor”

Jerome Frank (1889–1957) American jurist

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“I have had no regular disciples: but if anyone likes to come and hear me while I am pursuing my mission, whether he be young or old, he may freely come. Nor do I converse with those who pay only, and not with those who do not pay; but anyone, whether he be rich or poor, may ask and answer me and listen to my words; and whether he turns out to be a bad man or a good one, that cannot be justly laid to my charge, as I never taught him anything. And if anyone says that he has ever learned or heard anything from me in private which all the world has not heard, I should like you to know that he is speaking an untruth.”

Socrates (-470–-399 BC) classical Greek Athenian philosopher

33a–b
Plato, Apology

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George Sutherland10

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