Articles Tagged with jury trial

Today marks the 85th anniversary of the landmark Supreme Court case of Powell v. Alabama[1]. Powell[2] is one of the cases in which the Supreme Court laid out the basic due process requirements of a fair trial in state courts including right to effective appointed counsel in capital offenses, fair time to prepare for trial, and fair hearing. This case proved to be a monumental move for the Supreme Court, which signaled a progressive shift to expanding constitutional rights for defendants in criminal trials.

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The Case[3]

The case behind the monumental decision of the Supreme Court required a monumental remedy. On March 25th, 1931, a fight broke out aboard a freight train between a group of poor black and white youth who both had not paid for the ride. All but one of the white youths was thrown from the train just over the Alabama state line, and these boys promptly reported the incident to local law enforcement. The nine-black youths Charlie Weems, Ozie Powell, Clarence Norris, Olen Montgomery, Willie Roberson, Haywood Patterson[4], Andrew (Andy) Wright, Leroy (Roy) Wright and Eugene Williams were detained when they reached the town of Scottsboro Alabama[5].

In April of 2010, Mr. Cornell had his home raided by police where 1/16th of an ounce of marijuana had been found – not enough to roll a joint. None of the potential jurors called for the case where willing to consider convicting someone for possessing a very small amount of marijuana.[1]

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November 16th 2010, Touray Cornell from Montana, breathed a sigh of relief and smiled as Judge “Dusty” Deschamps convened his court to report that out of all the potential jurors who had been called, not one would be willing to convict Mr. Cornell. Dumbfounded by the jurors’ decision, the District Attorney quickly spoke to Mr. Cornell’s defense counsel and an immediate plea deal was made. Mr. Cornell walked out free without admitting guilt and without probation.

Mr. Cornell witnessed the power of Jury Nullification, a show of citizen’s power through the legal system have a long and storied history in America. it is the power of Jury nullification and Mr. Cornell saw a version of that power first hand.