Rights of the Accused UAB PSC 381 Bill of Rights Fifth Amendment, Sixth Amendment, Eighth Amendment Right to counsel failure for Scottsboro Boys, Right to counsel guaranteed where liberty is at stake.

1. Rights of the Accused
PSC 381 Bill of Rights

2. No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand
jury, except in cases arising in the land or naval forces, or in the
militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
Amendment V

3. ● No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
grand jury…
● ...nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb…
● ...nor shall be compelled in any criminal case to be a witness
against himself…
● ...nor be deprived of life, liberty, or property, without due
process of law….
Amendment V Summary

4. In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the state and district
wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for
his defense.
Amendment VI

5. ● … the accused shall enjoy the right to a speedy and public trial,
by an impartial jury of the state and district wherein the crime
shall have been committed…
● … which district shall have been previously ascertained by law…
● … and to be informed of the nature and cause of the
accusation…
● … to be confronted with the witnesses against him…
● to have compulsory process for obtaining witnesses in his
favor…
● … and to have the assistance of counsel for his defense.
Amendment VI Summary

6. ● Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendment VIII

7. ● Excessive bail shall not be required…
● … nor excessive fines imposed …
● … nor cruel and unusual punishments inflicted.
Amendment VIII Summary

8. We Dare Defend Our Rights

9. Scottsboro Boys

10. Their Accusers: Ms. Bates & Ms. Price

11. Haywood Patterson Verdict Set Aside
Fiat justitia ruat caelum
(Let justice be done though it tear down heaven)
-Judge James Edwin Horton

12. Facts: Nine black youths -- described as, "young, ignorant, and
illiterate" -- were accused of raping two white women.
Alabama officials sprinted through the legal proceedings: a total of
three trials took one day and all nine were sentenced to death.
Alabama law required the appointment of counsel in capital cases,
but the attorneys did not consult with their clients and had done
little more than appear to represent them at the trial. This case was
decided together with Patterson v. Alabama and Weems v.
Alabama.
Powell v. Alabama, 287 U.S. 45 (1932)

13. Issue: Did the trials violate the Due Process Clause of the
Fourteenth Amendment?
Powell v. Alabama, 287 U.S. 45 (1932)

14. Holding: Yes. The Court held that the trials denied due process
because the defendants were not given reasonable time and
opportunity to secure counsel in their defense.
Though Justice George Sutherland did not rest the Court holding
on the right-to-counsel guarantee of the Sixth Amendment, he
repeatedly implicated that guarantee. This case was an early
example of national constitutional protection in the field of criminal
justice.
Powell v. Alabama, 287 U.S. 45 (1932)

15. Clarence Earl Gideon

16. The COURT: Mr. Gideon, I am sorry, but I cannot appoint counsel to
represent you in this case. Under the laws of the State of Florida, the
only time the court can appoint counsel to represent a defendant is
when that person is charged with a capital offense. I am sorry, but I
will have to deny your request to appoint counsel to defend you in this
case.
GIDEON: The United States Supreme Court says I am entitled to be
represented by counsel.
-Gideon v. Wainwright, 372 U.S. 335 (1963)

17. Facts: Clarence Earl Gideon was charged in Florida state court with a
felony: having broken into and entered a poolroom with the intent to
commit a misdemeanor offense. When he appeared in court without a
lawyer, Gideon requested that the court appoint a lawyer for him.
According to Florida state law, however, an attorney may only be
appointed to an indigent defendant in capital cases, so the trial court
did not appoint one. Gideon represented himself in trial. He was found
guilty and sentenced to five years in prison. Gideon filed a habeas
corpus petition in the Florida Supreme Court and argued that the trial
court's decision violated his constitutional right to be represented by
counsel. The Florida Supreme Court denied habeas corpus relief.
Gideon v. Wainwright, 372 U.S. 335 (1963)

18. Issue: Does the Sixth Amendment's right to counsel in criminal cases
extend to felony defendants in state courts?
Gideon v. Wainwright, 372 U.S. 335 (1963)

19. Holding: Yes. Justice Hugo L. Black delivered the opinion of the 9-0
majority. The Supreme Court held that the framers of the Constitution
placed a high value on the right of the accused to have the means to
put up a proper defense, and the state as well as federal courts must
respect that right. The Court held that it was consistent with the
Constitution to require state courts to appoint attorneys for
defendants who could not afford to retain counsel on their own.
Gideon v. Wainwright, 372 U.S. 335 (1963)

20. Concurring Opinions:
● Protections extended to states by integration through due
process are not weaker than those applied to federal government.
● Right to counsel is a part of due process that should be
consistently applied.
● Existence of serious criminal charge is a special circumstance
that invokes the right to counsel (liberty of accused is at risk).
Gideon v. Wainwright, 372 U.S. 335 (1963)

21. Attributions:
Photograph of Gideon, State of Florida and CBS News.
For additional information:
Brandon L. Blankenship
UAB | Department of Government
(205)912-8248 | blbjd@uab.edu
Attributions and Additional Information: