1 - Read Powell v Alabama, 1932
2 - Annotate
3 - Answer the following:
a) Based on the opinion in its entirety, provide several examples of evidence provided to demonstrate deprivation of right counsel.
b) Consider the conversation between the judge and the lawyers before the first trial. Why does the Supreme Court describe it as "casual?"
c) Analyze and interpret this quote from page six:
"It is true that great and inexcusable delay in the enforcement of our criminal law is one of the grave evils of our time... The prompt disposition of criminal cases is to be commended and encouraged. But in reaching that result a defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counsel and prepare his defense. To do that is not is not to proceed promptly in the calm spirit of regulated justice but to go forward with the haste of the mob."
d) What did the Alabama State Supreme Court rule?
e) Discuss the right to counsel as it existed in England. What does the court say about the right to counsel as it existed in England?
f) Why does the court discuss right to counsel in the different state constitutions? Discuss the right to counsel in one state constitution.
g) Provide one quote that illustrates the incorporation doctrine.
h) According to the opinion, why is the right to counsel necessary? Select one quote as evidence, analyze, and interpret.
i) Why is it significant that this was a capital crime?
2 - Annotate
3 - Answer the following:
a) Based on the opinion in its entirety, provide several examples of evidence provided to demonstrate deprivation of right counsel.
b) Consider the conversation between the judge and the lawyers before the first trial. Why does the Supreme Court describe it as "casual?"
c) Analyze and interpret this quote from page six:
"It is true that great and inexcusable delay in the enforcement of our criminal law is one of the grave evils of our time... The prompt disposition of criminal cases is to be commended and encouraged. But in reaching that result a defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counsel and prepare his defense. To do that is not is not to proceed promptly in the calm spirit of regulated justice but to go forward with the haste of the mob."
d) What did the Alabama State Supreme Court rule?
e) Discuss the right to counsel as it existed in England. What does the court say about the right to counsel as it existed in England?
f) Why does the court discuss right to counsel in the different state constitutions? Discuss the right to counsel in one state constitution.
g) Provide one quote that illustrates the incorporation doctrine.
h) According to the opinion, why is the right to counsel necessary? Select one quote as evidence, analyze, and interpret.
i) Why is it significant that this was a capital crime?
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