Tuesday, December 8, 2020

Powell v. Alabama

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I'm writing this paper to address two specific Supreme Court Decisions that have had a major impact on an individual's Constitutional Rights. The Bill of Rights, which protects all citizens from government infringement, was violated in these two cases but rectified by Supreme Court action. The two cases that I will address are Powell v. Alabama, which occurred in 1 in Alabama, and Gideon v. Wainwright, which occurred in Florida in 16.


In Powell v. Alabama nine black youths were arrested and charged with the rape of two white girls. The offense is said to have been committed on a freight train traveling through Alabama. A fight took place between the nine black youths and seven white boys and two white girls. The white boys were thrown off the train and a message was sent ahead reporting the fight. A sheriff's posse met the train in Scottboro, Alabama and the posse seized the black youths. The record, of the case, indicates that all of the black youths were ignorant and illiterate and all of them were residents of other states. The "boys" (as they were referred to) were kept under military protection because of the hostility in the community. Immediately after the indictment the "boys" were arraigned and plead not guilty, they were not asked whether they were able to employ counsel, or wished to have counsel appointed or whether they had friends or relatives who could assist.


Powell v. Alabama was the first of the ensuing rape trials. Powell's argument addressed the lack of legal representation that he was given. The day of the trial, the attorney appointed to his case refused to represent him; the judge ordered any attorney present in the court room to serve as the boy's legal counsel and they all refused. Once counsel willing to represent him was found, the attorney had no time to review the case and only half an hour to meet with his client before the hearing. Because of the inadequate defense, Powell was sentenced to die along with his eight friends.


The issue before The Supreme Court was the due process clause of the Fourteenth Amendment incorporates the right to counsel in a capital case? The Supreme Court voted yes (7-) and reversed the verdict because of its belief that poor people facing the death penalty must be provided with counsel, stating "…there is a certain principal of Justice which adhere to the very idea of free government, which no [State] may disregard." Justices Butler and McReynolds dissented on the facts that the record failed to reveal that the petitioners had been deprived of any rights guaranteed by the Federal Constitution and thought the judgement should be affirmed.


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