SCOTTSBORO CASE Essay Example

  • Category:
    Law
  • Document type:
    Assignment
  • Level:
    Undergraduate
  • Page:
    1
  • Words:
    328

Question 1

The Scottsboro case is important to the right to counsel because it showed how unfair ruling and racial injustices were perpetrated through the courts as defendants were denied court-appointed representatives. For any criminal accusation, the accused has the right to be informed of the nature of the criminal act and be followed by witnesses against him or her, be given the chance to obtain his own witnesses and be given an attorney to represent him. The right to assistance to counsel was not observed during this time in 1930s, where nine Scottsboro young black boys were sentenced to death by the Supreme Court. According to sources, the court was speedy in ruling the case of these youths and they were never given the chance to be represented by an attorney. From this case, the fight for fair trail and racial justice was at the core as the country received much protest from the north to south.

Question 2

Yes I see this changing in the near future. This is because defendants need to have court-representatives to help them in their cases (Ross, 1997). In addition, there has been massive pressure from the communists and human rights advocates in the US pertaining right to counsel. The judicial process of convicting criminal offenders of rape is more than a cruel and an injustice process and lacks historical basis. This is to mean that there is no basis for sentencing to death because someone has raped and not either from the common law or natural law of God. Therefore, justice should be observed irrespective of racial differences. In addition, the law appeared to be so harsh on the blacks if the offence is allegedly committed by the defendant, therefore, changing this will see people have attorneys representing them in cases. This will ensure that the legal case determination process is quite fair and just.

References

Ross, W. G. (1997). Constitutional Significance of the Scottsboro Cases, The. Cumb. L. Rev.28, 591.