Al Capone's Argumentative Analysis

The Scottsboro Trials led to two prominent U.S. Supreme Court cases—Powell v. Alabama and Norris v. Alabama. Surprised and Dismayed by the outcome of the first set of trials, the NAACP determined that the rights of the Scottsboro boys had been treaded upon and deserved a need for a re-trial to shed light on the importance of a fair trial. The re trial resulted in the U.S. Supreme Court case Powell v. Alabama. The defense argued that the nine men were denied protection of their fundamental right to having effective legal counsel.The right to having effective council is guaranteed by the 6th Amendment. The right to due process recognized by the 14th Amendment was also neglected during the Scottsboro Trials . The Court affirmed the concerns of the NAACP and International Labor Defense and reversed the convictions of the Scottsboro boys. The Court’s decision in Powell v. Alabama ultimately set forth the beginnings of “incorporation” of the Due Process Clause and the rights to a fair trial to those who face a sentence of death by applying them to State Constitutions under the authority of the

Did the state court's failure to appoint a lawyer for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?

Al Capone still remains one of the most notable residents of "the Rock." In a memoir written by Warden James Johnston, he reminisced about the intensity of public interest around Capone's imprisonment, stating that he was continually barraged with questions about "Big Al." Each day newspapers and press flooded his office with phone calls, wanting to know everything from how Capone liked the weather on "the Rock," to what job assignment he was currently holding.

Today in the world there are several men and women who once thought they had everything going for them. They had the money, the fame, and the fortune. Of course being caught up in the moment means no worry, no stress, and no problems. However, that doesn’t work out for everyone. One of those people are Alphonse Gabriel Capone or as you may know Al Capone.

Al Capone was a highly known gangster in the 1920s Alphonse Capone born in Brooklyn, New York to a poor US immigrant couple, Gabriele and Teresina Capone, seeking a better opportunity for their then big family of eight children. He was known for running many lucrative illegal businesses that included alcohol bootlegging, gambling, prostitution, and protection. Al Capone was so notorious that he would murder those who got in his way. With little prosecution of his actions, Al Capone believed his self to being unstoppable. Al Capone, being raised as a kid in poverty learned hands on how to organize crime and became the biggest force in organized crime.

The Sixth Amendment to the United States Constitution states: “In all criminal prosecutions, the accused shall enjoy the right… to have the assistance of counsel for his defense” (U.S. Const. amend. VI). The history of the modern right to counsel dates back to over a century ago in the Indiana Supreme Court case of Webb v. Baird, 6 In. 13 (1853), in which the right to counsel for a person accused of a crime was officially recognized (Koplow, 2007). However, it was not a decision based on constitutional or statutory law, but a decision warranted under “the principles of a civilized society” (Koplow, 2007). Since the case of Webb v. Baird, the right to counsel has immensely extended beyond just appointing an indigent person an attorney.

Wainwright was unanimous. The right to a fair trial was fundamental under the United States Constitution and the guarantee of counsel was a vital part of it. In his concurring opinion, Justice Clark affirms that there is no distinction between capital and non-capital cases in the Sixth Amendment so counsel should be provided in every

Gideon v. Wainwright is a Supreme Court case that occurred in 1963 which questioned the defendant’s right of the sixth amendment. If it was not for a man in his prison cell that wrote to the Supreme Court, the United States court systems would not be the same today. Clarence Gideon was arrested because he stole money from a pool hall’s vending machines. At trial he could not afford an attorney and was not appointed counsel. If it was not for Gideon who wrote to the Supreme Court petitioning his constitutional rights he would have never had the opportunity to be heard by the U.S. Supreme Court. Although Clarence Gideon was an uneducated and poor citizen, he still was able to petition his constitutional rights to the United States Supreme court in order to achieve a truly fair trial. He ended discrimination in the courts against the poor who cannot afford their own counsel.

In today’s society the criminal justice system that we live in is flawed in so many ways. Some say that it works while others go to prison or jail for crimes that they didn’t commit. In this paper I will be covering specific examples from the book, The Innocent Man, where the defendant’s rights were violated. John Grisham talks about innocent men being innocent and convicted for murder and sent to unlawful court proceedings. In this paper I will be focusing mainly on the violations of his 6th amendment. The 6th amendment is the right to effective assistance of counsel.

In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.

It is the right of every citizen in this nation to have his or her case decided by a fair and impartial jury. The selection of the jury panel is one of great importance and one that can have a great effect on the outcome of the case. Therefore, it is obvious that the attorneys have a

Many death row inmates were convicted while being defended by a court appointed lawyer who are often the worst paid and most inexperienced and least skillful lawyers. The Bar Association published guidelines for a good defense in a death penalty case”. Anti-death Penalty ( 2010)

White was shocked to hear that his execution date was drawing closer because White thought that he was in appeal process. Stevenson petition both the U.S. Court of Appeals for the Eleventh Circuit and the U.S. Supreme Court to delay White’s execution because his former attorney missed appeals and the failed to procedures (Death Penalty Information Center, 2015). Mr. White’s case is an example how important an adequate representation in a capital punishment trial is to the defendant’s

Imagine you are a teen walking down the street with a friend. Now imagine being surrounded by police and getting searched for something that is not there. Since the item in question can not be placed the accuser changes their story; After multiple versions of what allegedly happened the police arrest you and your friend. Due to having a history of theft, a judge charges you with second degree robbery, even though there is no evidence to prove any wrong doing. Thinking the justice system will come through, and knowing your innocence, a trial is requested. Bail is set and cannot be paid due to economic hardship. Another consequence of not having money for bail, is there is also no money for a private attorney. A public defender, who has to many cases to keep straight, is assigned to help defend in court, yet he is trying to lessen his load and recommends several times that a plea deal is the best option that should be taken, even in the case of innocence. Picture holding out hope that if the case could just go to trial all would come to light. Four years pass by, mostly spent in solitary confinement, where the harsh circumstances begin to take a toll, mentally and physically. Imagine conditions so horrible, death seems better than enduring another day. Now picture the day for “justice” is finally here. No sooner does court get started it ends. The case gets thrown out due to the person who started all of this not being present. All the suffering that has been endured,

In Gideon v. Wainwright (1963) the Court held that counsel was required by due process in all death penalty trials, in all capital case arraignments, and in cases involving an unsworn defendant who wishes to make a statement. Justice Stanley Reed revealed that the court was divided as to noncapital cases but that several justices felt that the Due Process Clause requires counsel for all persons charged with serious crime.(Zalman,2008).