Powell v. Alabama Case Study Example | Topics and Well Written Essays - 1000 words

Powell v. Alabama - Case Study ExampleMost of the local bar contempt the order of the woo withdrew from the case. Two attorneys did appear on behalf on the accused but the appearance could be described as superfluous at best because the attorneys had no opportunity to investigate the case and consulted with the defendants for solo thirty minutes prior to the trials. Not surprisingly, eight of the defendants were convicted and sentenced to death after quick trials. There was a hung jury in the case of the remaining defendant.The lower court argued that each nation is its own self-directed and that accordingly, each state has the right to decide what it will and will not give to its indigent defendants. unity does not have an absolute right to counsel in the state system and a state cannot be ordered to pay for the defense of its defendants. In one hundred and forty years, the legal ecesis of the states has never been interfered with, so why should it happen nowThe decision of th e lower state court was converse and remanded back to the lower court for further proceedings. Ultimately the court held that the fundamental due(p) process rights of the defendants had been violated. The court found that fundamental due process rights carry both into the state court and the federal courts.Ones due proOnes due process rights do not drop simply because there is a diverseness in venue. Due to the lack of counsel the defendants were not granted a fair and fair trial. Indeed, the inviolate proceedings were found to be deliberately contrived so as not to afford the defendants an impartial jury. Blacks were systematically not picked for the jury. The defendants were unable to swot up with their attorneys and finally were not even asked if they wanted attorneys. Supreme coquet Decision1. The rule denying the back up of counsel to persons charged with felony, which (except as to legal questions) existed in England. Page 287 U. S. 462. The rule that no part of the Con stitution shall be treated as superfluous is an aid to face which, in some instances, may be conclusive, but which must yield to more compelling considerations whenever they exist. P. 287 U. S. 67.3. The accompaniment that the right of an accused person to have counsel for his defense was guaranteed expressly (as respects the federal Government) by the Sixth Amendment, notwithstanding the presence of the due process clause in the Fifth Amendment, does not exhaust that right from the concept due process of law. Pp. 287 U. S. 66-68.4. The right of the accused, at least in a uppercase case, to have the aid of counsel for his defense, which includes the right to have sufficient time to advise with counsel and to prepare a defense, is one of the fundamental rights guaranteed by the due process clause of the Fourteenth Amendment. Pp. 287 U. S. 68-71.5. In a capital case, where the defendant is unable to employ counsel and is incapable of making his own defense adequately because of ig norance, feeble-mindedness, illiteracy or the like, it is the duty of the court, whether requested or not, to assign counsel for him as a required requisite of due process of law, and that duty is not discharged by an assignment at such(prenominal) a time and under such circumstances as to preclude the giving of effective aid in the preparation and trial