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.

College papers on Powell v. Alabama

The necessity of counsel was vital and the failure of the trial court to appoint counsel was a denial of due process within the meaning of the Fourteenth Amendment. This decision was extended to include all people facing criminal proceedings in Gideon v. Wainwright (16). Gideon v. Wainwright is another Supreme Court Decision that deals with an individual's Sixth and Fourteenth Amendment rights. In Gideon v. Wainwright The Supreme Court had to decide if the due process clause of the Fourth Amendment incorporate the Sixth Amendment right to court-appointed counsel for all indigent criminal defendants, they unanimously agreed. The facts Gideon v. Wainwright are as follows Clarence Gideon was arrested for attempting to break and enter a poolroom with the intent to commit a misdemeanor (breaking into a pool hall and taking money from the vending machine) in Florida. Under Florida State law, this was a felony. At his hearing, Gideon, who was illiterate and had no money to hire a competent attorney requested counsel be appointed. The Court denied his request noting a Florida law that allowed counsel only in capital-offense cases. The trial judge ruled that Gideon was competent enough to handle his own defense. Gideon went to trial and did the best that he could defending himself but he was found guilty and sentenced to five years in jail. Gideon appealed to the Supreme Court, stating his right to counsel under the Fourteenth Amendment had been violated. The court incorporated the Sixth Amendment's rights to counsel and reversed the conviction, allowing him to be retried. By doing this, the Supreme Court declared that all defendants in felony cases had the right to an attorney. Justice Hugo Black, writing for the majority, stated that the Court was "It is unfair to expect a poor man to defend himself during a criminal trial without assistance of counsel. Federal criminal defendants have had this right for many years. The Right to Counsel is fundamental. We overturn Betts v. Brady (14). Gideon was given a new trial with an attorney. The jury found he was innocent of the charges and acquitted him. I think both of these cases are great examples of how the Constitutional Rights of all citizens can be Please note that this sample paper on Powell v. Alabama is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Powell v. Alabama, we are here to assist you. Your persuasive essay on Powell v. Alabama will be written from scratch, so you do not have to worry about its originality.

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