Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

1972

ISSN

0083-4025

Publisher

Kansas Law Review

Language

en-US

Abstract

There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and an invidious discrimination on the basis of wealth. Similarly, Griflin v. Illinois held that when the "adequate and effective" review of a criminal conviction depends upon the availability of a written trial record, an indigent is entitled to a free transcript. These two cases, taken together, state what has been called the Griffin-Douglas equality principle, which is based upon a blend of due process and equal protection considerations.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.