ABSTRACT

On October 4, 1965, Abe Fortas was sworn in as an associate justice of the US Supreme Court. In the area of criminal defendants' rights, Justice Fortas voted consistently in favor of individuals challenging the criminal justice system. Fortas was an absolutist, however, in his interpretation of the Fifth Amendment's protection against self-incrimination as an important safeguard against unchecked governmental authority. Justice Fortas made significant contributions regarding the rights of juvenile defendants. Justice Fortas was unequivocal in his belief that due process requirements leveled the playing field between the prosecution and defense. Constitutional protections guaranteed to criminal defendants were not automatically minimized merely because defendants were minors. Justice Fortas championed peaceful, nonviolent civil disobedience. Justice Fortas's judicial decisions reflected his commitment to strengthening civil liberties for all individuals. With pragmatic restraint, he balanced promotion of constitutional protections for those least equipped to defend themselves effectively against abuses of governmental authority.