Powell v. Alabama
Facts
Defendants were young, ignorant, illiterate, nonresident men charged with rape, a capital offense under Alabama law because the jury could impose death. The proceedings occurred in an atmosphere of hostile and excited public sentiment, with the defendants under close military guard from arrest through trial. Although the trial judge had generally "appointed all the members of the bar" for arraignment, no specific lawyer was definitely designated to represent defendants until the morning of trial, and the trials began immediately, leaving no real chance for consultation, investigation, or preparation. Each trial was completed in a single day, and all defendants were sentenced to death.
Issue
Whether, in these capital prosecutions, the defendants were denied due process under the Fourteenth Amendment when they were not given a reasonable opportunity to obtain counsel and the trial court failed to make an effective appointment of counsel in time for preparation and trial. More specifically, the question was whether the denial of the assistance of counsel under these circumstances violated due process of law.
Rule
In a capital case, where the defendant is unable to employ counsel and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, due process of law requires the court, whether requested or not, to assign counsel for him. That duty is not satisfied by an appointment made at such a time or under such circumstances as to prevent counsel from giving effective aid in the preparation and trial of the case. A defendant also must be afforded a fair opportunity to secure counsel of his own choice.
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