Powell v. Alabama
Case Overview
CITATION
287 U.S. 45 (1932)
ARGUED ON
October 10, 1932
DECIDED ON
November 7, 1932
DECIDED BY
Legal Issue
Do illiterate defendants facing the death penalty have a right to counsel?
Holding
Yes, denying counsel to illiterate defendants facing the death penalty is a violation of the Due Process Clause of the Fourteenth Amendment.
The “Scottsboro Boys” meeting with their attorney, Samuel Leibowitz, while under watch by the Alabama National Guard | Credit: Fred Hiroshige/Decatur Daily
Background
On March 25, 1931, a group of young Black men, referred to as the “Scottsboro Boys,” were on a freight train on its way through Alabama when a fight broke out between them and a group of young white men riding on the same train. All but one of the white men were forced to exit the train, and a message was sent ahead to report the fight. Two young white women also claimed “that each of them was assaulted by six different negroes in turn, and they identified the seven defendants as having been among the number.” Before the train reached its destination, law enforcement detained seven of the Black men accused by the white women, plus two more Black passengers.
By the time law enforcement traveled with the Scottsboro Boys and their accusers to Scottsboro, the county seat, a large crowd had gathered in reaction to the recent events. The community was extremely hostile towards the Scottsboro Boys, causing the Sherriff to call for the National Guard to assist in safeguarding them. The Scottsboro Boys remained under the watch of the National Guard until the end of their proceedings.
On March 31, the Scottsboro Boys were indicted and all entered pleas of not guilty. Just six days later on April 6, 1931, their trials began. When the trial court asked if the parties were ready to proceed, the prosecution responded affirmatively but nobody appeared on behalf of the defendants. In response, Stephen Roddy, a lawyer from Tennessee and not a member of the local bar, offered to “help do anything I can do” and was thereafter appointed as counsel for the defendants. All of the Scottsboro Boys were found guilty by the jury, and all but one was sentenced to death. They appealed, arguing that they were denied adequate legal counsel, but the Alabama Supreme Court upheld their convictions.
Summary
7 - 2 decision for Powell
Powell
Alabama
Hughes
Sutherland
Brandeis
Stone
Roberts
Butler
Cardozo
McReynolds
Van Devanter
Opinion of the Court
Writing for the Court, Justice George Sutherland held that while the text of the Sixth Amendment states that defendants have a right to counsel in federal criminal trials, the right was extended to the states as a fundamental part of citizens’ due process rights. Sutherland explained that the right to counsel is “so vital and imperative that the failure of the trial court to make an effective appointment of counsel [is] likewise a denial of due process within the meaning of the Fourteenth Amendment.” He also acknowledged the complexity that often accompanies legal proceedings, writing that “[t]he right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law.”
Sutherland elaborated on the specific circumstances of the Scottsboro Boys’ case. He pointed out that the Scottsboro Boys were given a hastily arranged and executed trial where no true opportunity for defense was given. He also emphasized the environment of racial hostility that influenced the trials, writing “[i]t is perfectly apparent that the proceedings, from beginning to end, took place in an atmosphere of tense, hostile and excited public sentiment.” He underscored that the combination of the defendants’ youth, their illiteracy, the complexity of the situation, and the overwhelming public sentiment against them created a scenario where they were uniquely vulnerable to a miscarriage of justice. He stressed that under such conditions, it was the state’s duty to ensure that the trial was conducted with the solemnity and care needed for the assurance of a fair trial. Sutherland stated that “[u]nder the circumstances disclosed, we hold that defendants were not accorded the right of counsel in any substantial sense. To decide otherwise, would simply be to ignore actualities.”
While Sutherland concluded that the Scottsboro Boys had been denied due process as guaranteed to them by the Fourteenth Amendment, he limited the impact of his decision to the facts of their case. He explained, “[w]hether this would be so in other criminal prosecutions, or under other circumstances, we need not determine. All that it is necessary now to decide, as we do decide, is that in a capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or the like, it is the duty of the court, whether requested or not, to assign counsel for him as a necessary requisite of due process of law.”
Dissenting Opinion by Justice Butler
In his dissenting opinion, Justice Pierce Butler held that the Scottsboro Boys were not denied due process in their trials. Butler believed that the trial court made a reasonable effort to ensure that the defendants had adequate legal representation. He noted that the trial judge appointed all members of the local bar to represent the defendants and argued that there was no evidence showing that the appointed attorneys failed to perform their duties adequately. Contrary to the Court’s opinion, Butler found that the circumstances of the case did not necessarily warrant a conclusion that more substantial legal counsel was required. He wrote, “it clearly appears that the State, by proper and adequate show of its purpose and power preserve order, furnished adequate protection to them and the defendants.”
Butler also argued that the Court’s opinion, which guaranteed counsel for illiterate defendants, was unnecessarily expansive of the Court’s power. He concluded, “[t]his is an extension of federal authority into a field hitherto occupied exclusively by the several States. Nothing before the Court calls for a consideration of the point. It was not suggested below, and petitioners do not ask for its decision here. The Court, without being called upon to consider it, adjudges without a hearing an important constitutional question concerning criminal procedure in state courts.”