Tuesday, December 8, 2020

Powell v. Alabama: The Scottsboro Boys and American Justice

 Horne, Gerald. Powell v. Alabama: The Scottsboro Boys and American Justice. 1997. 128p. ISBN 978-0-531-11314-0. Available at 345.73 HOR on the library shelves.


In 1931, nine African American youths were removed from a train in Alabama and accused of raping two white women. They were promptly arraigned, tried, and sentenced to death in the face of a hostile crowd and jury of all white men. In the rush to achieve what they saw as justice, however, a racist society's representatives committed several errors of law, which were twice appealed all the way to the Supreme Court, creating landmark rulings that still affect us today.

In Powell v. Alabama, the author reviews the trial cases that led to the condemnation of the boys. Their arrest, the trial, and the various appeals are described extensively. Prior to the Supreme Court decision in Powell v. Alabama, the right to a fair trial and independent and competent counsel varied widely from State to State and even from person to person. A White person brought up on capital punishment charges stood a better chance in a court of law than a Black person. They likely had better representation and did not have to fight organized and systemic racism.

Powell v. Alabama resulted in a decision that all criminal suspects had the right to counsel under the 6th Amendment. Horne describes how this was not a foregone conclusion, as this right did not exist in England before the American Revolution. Supreme Court justices, however, recognized the necessity for a fair and impartial justice system to provide the foundation of a democratic society. 

The second case that made it to the Supreme Court out of the Scottsboro Boys trial was Norris v. Alabama, which recognized that juries needed to include African Americans and other people to better represent society.

For more specific information about the Scottsboro Boys, read Accused! The Trials of the Scottsboro Boys: Lies, Prejudice, and the Fourteenth Amendment. Accused! The Trials of the Scottsboro Boys: Lies, Prejudice, and the Fourteenth Amendment.

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