The Fourteenth amendment states that all persons born/naturalized in the United States of America shall, and deserve to , enjoy their full rights. The process of using the Fourteenth Amendment to apply the Bill of Rights to state governments is known as incorporation. In this case, it is selective incorporation. Selective Incorporation is simply a doctrine or belief written into the Constitution that's purpose is to protect American citizens from their states’ enacting laws that could potentially violate their rights. In the 1932 case, Powell v. Alabama, nine African American boys were accused of raping two young white girls. The trial was unfair and all except the youngest defendant where sentenced to death. This case is known for being connected
While segregation of the races between Blacks and Whites, de facto race discrimination, had been widespread across the United States by the 1930s, nine African-American Scottsboro Boys whose names are Ozzie Powell, Eugene Williams, Charlie Weems, Willie Robeson, Olen Montgomery, Roy and Andy Wright, Clarence Norris and Heywood Paterson were accused of raping two young white women named Victoria Price and Ruby Bates in Alabama in 1931. Along with the dominant influences of the Scottsboro cases on American civil rights history, the landmark case has substantial impacts on the U.S. Constitution primarily in that U.S. Supreme Court ascertained a defendant’s right to effective counsel.
On March 25, 1931, Victoria Price, a known prostitute, and Ruby Bates accused nine Negroes of raping them on a train in Northern Alabama. The trial took place in Scottsboro, amid much anti-black sentiment. An all white jury sentenced eight of the nine to death, despite the fact that one was blind and one could...
On March 25, 1931 nine African American youths were falsely accused and wrongfully imprisoned for the rape of two white girls. Over the next six consecutive years, trials were held to attempt to prove the innocence of these nine young men. The court battles ranged from the U.S Supreme court to the Scottsboro county court with almost every decision the same---guilty. Finally, with the proceedings draining Alabama financially and politically, four of the boys ...
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
It was a mistaken identity case where the distressed raped women picked out the wrong black man. Even though the conviction was overturned due to DNA evidence, a mistaken eyewitness testimony led to a wrongful conviction that the Burlington Police upheld without question due to prejudice feelings toward determine Ronald Cotton (Thompson-Cannino, Cotton and Torneo 283). Ronald had his whole family testify that he had been home the night Jennifer was raped however because he had mixed up his dates when he originally confessed that police assumed he was lying despite what he and his family said. The other indication of racism on the police force was when the second rape victim did not pick Ronald Cotton out of the physical lineup; she claimed she was terrified of the black men standing in front of her and just needed to leave, even though she knew it saw Ronald that had raped her (Thompson-Cannino, Cotton and Torneo 129). Ronald was believed to be guilty and was trying to prove his innocence from the beginning. This simply cannot occur in a justice system where one is supposed to be innocent until proven guilty; racism played a part in convicting this innocent man. Even during the second court case when he was trying to prove his innocence he remembered feeling the jury turn and look at him, "every single one of their white faces" believed how terrible of a man he was (Thompson-Cannino, Cotton and Torneo
Based on the pronouncements of the court on May 17, 1954, everyone in the courtroom was shocked after it became clear that Marshall was right in his claim about the unconstitutionality of legal segregation in American public schools. Essentially, this court’s decision became a most important turning point in U.S. history because the desegregation case had been won by an African American attorney. Additionally, this became a landmark decision in the sense that it played a big role in the crumbling of the discriminatory laws against African Americans and people of color in major socioeconomic areas, such as employment, education, and housing (Stinson, 2008). Ultimately, Marshall’s legal achievements contributed significantly to the criminal justice field.
Occurred on March 1, 1959. R. Jess Brown a well-known African American lawyer represented Parker. On April 13th an all white grand jury indited Parker for rape and two counts of kidnapping. On April 17th Parker pleaded not guilty to each charge. Next Parker’s trial date was set for April 27th. Then Brown asked Judge Sebe Dale’s to drop the case because a black man was not on the grand jury. Brown did this because of a recent ruling made by the 5th U.S. circuit court of Appeals. The ruling stated that it was unconstitutional for a jury of an all white people to convict a black man. The ruling went on to say that one African American had to be on a jury when an African American was on trial. This defense tactic by Brown was a legally intelligent thing to do but this actually became the motive for the mob to kill Parker.
.... This new amendment prohibited the states to deny the right to vote because of race.
The case started in Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary school, even though a white elementary school was only seven blocks away. Linda's father, Oliver Brown, tried to enroll her in the white elementary school seven blocks from her house, but the principal of the school refused simply because the child was black. Brown went to McKinley Burnett, the head of Topeka's branch of the National Association for the Advancement of Colored People (NAACP) and asked for help (All Deliberate Speed pg 23). The NAACP was eager to assist the Browns, as it had long wanted to challenge segregation in public schools. The NAACP was looking for a case like this because they figured if they could just expose what had really been going on in "separate but equal society" that the circumstances really were not separate but equal, bur really much more disadvantaged to the colored people, that everything would be changed. The NAACP was hoping that if they could just prove this to society that the case would uplift most of the separate but equal facilities. The hopes of this case were for much more than just the school system, the colored people wanted to get this case to the top to abolish separate but equal.
The final clause of the first section of the fourteenth amendment explains, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 2 The 1976 ruling of Gregg v....
The Scottsboro Boys trials, one of the most notorious and tragic chapters of the South’s racial history caught the attention of people around the world. Nine black men suffered after being wrongly accused and convicted of beating eight white men and sexually abusing two white women. The trials of the Scottsboro boys ruined the lives of the men from there on out. The whole ordeal was seemed to be one big white smiling face.
In 1931, on a freight train bound for Memphis, around twenty-five young men, both black and white, were hoboing, looking for work. The whites began to act spitefully at the blacks, picking up rocks to throw at them, stepping on their hands, and calling them names. The blacks, wanting to keep their pride, came back at them. In the brawl that followed, all but one of the whites were thrown off the train. These whites, sore about being beaten, ran back to the nearest rail station, who phoned ahead to the next station, in Paint Rock, Alabama. A mob of whites were waiting there, armed to the teeth. They took everyone off the train and rounded them up. Nine of them were blacks. These men: Roy and Andy Wright, Eugene Williams, Haywood Patterson, Olen Montgomery, Willie Roberson, Charlie Weems, Clarence Norris, and Ozie Powell were brought to the Scottsboro jail, and charged with the rape of two young white women, also hoboing, Victoria Price and Ruby Bates (Patterson 13-17). They were tried for rape, convicted, retried, convicted again, retried again, and convicted a third time (Patterson 9). These trials and retrials of these nine young men, who became know as the “Scottsboro Boys,” were not fair.
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
What does the term Selective Incorporation mean? It is a concept securing that State Government cannot pass laws that would take away the rights ensured to all Americans by the Bill Of Rights. The Bill Of Rights protect civil liberties of citizens. In the beginning, the Bill Of Rights was created with the purpose to protect people from a big national government, not from the states. Throughout the Selective Incorporation The Bill Of Rights not only apply to the national government but also it applies to the states too. This concept lead people to understand that their freedoms are protect. Government power cannot infringe people’s civil liberties, no matter if it is the national or the state government.
The Fourteenth amendment states that all people born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law that shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the