Supreme Court Opinion Detailed Record

Participant Info

Case
Stein v. New York
Citation
346 US 156
Type
Dissenting
Year
1953
Description

In Stein v. New York, Black joins Justice Felix Frankfurter and Justice William Douglas in in dissenting from a Court opinion that allowed defendants to held incommunicado and convicted of murder on the strength of coerced confessions and without an opportunity to cross-examine some witnesses. Black writes: “The Court now holds that it is not enough for a defendant to establish in this Court that he was deprived of a protection which the Constitution of the United States affords him; he must also prove that if the evidence unconstitutionally admitted were excised there would not be enough left to authorize the jury to find guilt. … the Court’s holding and opinion break down barriers that have heretofore stood in the way of secret and arbitrary governmental action directed against persons suspected of crime or political unorthodoxy.”


Return to Opinions Main Page