Powell v. Alabama

Lochner EraCriminal Procedure

The Court reversed the convictions of the Scottsboro Boys, holding that defendants in capital cases are entitled to effective appointed counsel.

Overview

Nine Black teenagers were hastily tried and sentenced to death for allegedly raping two white women on an Alabama train, with a lawyer appointed only at trial. Justice Sutherland, for a 7-2 majority, held that due process requires appointment of counsel in capital cases where defendants are ignorant, illiterate, or otherwise incapable of mounting a defense, and that the appointment must occur in time to prepare. The decision began the constitutional right to counsel that culminated in Gideon, exposed the sham nature of the Scottsboro proceedings, and became an enduring symbol of due process under pressure.

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