Powell v. Alabama

Arrest and Trial

Accounts of the events indicate that a fight broke out between a number of African American males and a group of seven White males, resulting in six of the White males being thrown off the train. When the train reached the town of Paint Rock, Alabama, reports of rapes by the African American men had already been wired ahead. Authorities took the men into custody, and they were brought to the county seat of Scottsboro where a mob was already gathered. The presiding judge had arranged for the militia to transport, safeguard, and provide courtroom security during the proceedings due to the hostility and negative overall sentiment of the local public.

The men were indicted on rape charges 6 days after their arrest. The judge presiding over the pretrial proceedings had appointed all the members of the bar to represent the defendants for the purpose of arraigning the defendants. Pleas of “not guilty” were entered into the record. The men were held pending their trial, which began literally less than 2 weeks following their arrest. Reports indicate that they did not have extensive contact with legal representation or family members prior to trial.

The nine men were tried on rape charges in three separate trials, each of which was dispatched within a single day. All were convicted of rape, despite the lack of physical evidence, failure to provide due process, and unconvincing testimony from the two women who had made the accusations. The jury determined the punishment, which could have ranged from 10 years in prison to death. A mistrial was declared in the case of the youngest defendant, Roy Wright, because the jury had held out for the death penalty even though the prosecution had asked only for a life sentence because of his age. The remaining defendants were sentenced to death. The International Labor Defense, which was a legal arm of the Communist Party of the United States, came to the legal aid of the men. After national and international protests, the cases were appealed to the Alabama Supreme Court. The attorney general of Alabama argued the case at the Alabama Supreme Court, where his father sat as one of the seven justices. The Alabama State Supreme Court upheld seven of the eight verdicts on appeal.

...