Notes on Scottsboro: An American Tragedy (video shown in class)

The "crime"  (did it happen?)

The pattern of racist false accusations (B/W)  --  especially for rape!
The accusers  (why the accusation? accusers would have been arrested themselves
- by accusing they became sympathetic "victims").


The mob and the sheriff - lynching v. trial 

The sheriff was a racist, but prevented lynching.


The trial  (classic early sham trial)

The prosecution case.
The defense  (a real estate attorney!).
The jury  (all white).
The media and local white community assume defendants are "guilty" - racism blinds!
The African American community - terrorized and excluded.
The verdict - guilty (there were
never acquittals in B/W cases).

The appeal  (there usually was no appeal - no money, no attorneys)

Appeal pursued by Communist Party sponsored lawyers.
Alabama appeals courts (farce - rubber stamped guilty verdicts).
Federal appeals court (overturned by US Supreme Court in
Powell v. Alabama, inadequate attorney).
The defense on appeal - mobilizing anti-racist public opinion to pressure Alabama officials.
NAACP v. Communist Party - NAACP timid, CP aggressive in attacking racism!


The re-trial  (Haywood Patterson) not entirely a sham trial

The ambitious prosecutor.
The weak prosecution case.
The defense  (Samuel Liebowitz).
The defense case  ("smoking gun" - non-motile sperm = no rape).
The judge  (knows Victoria Price is lying).
The jury  (not a sham trial but a racist all white jury again - conviction certain).
The Alabama white media and community - even more adamantly racist and angry now.
The national/international anti-racist media and community emerge as a force.
The verdict - guilty (
never acquittals in B/W cases!)..
Overturned by trial judge on a defense motion (big surprise! and political suicide for the judge).
    Judge Horton - some integrity, ostracized by white community and lost re-election.


The third trial  (Haywood Patterson again)

A new more racist judge and a sham trial directed by the judge + another all white jury
    (replacement of Judge Horton engineered by the prosecutor to ensure sham trial and guilty verdict).
Verdict - guilty, of course, then sham trial of second defendant with same outcome.


The appeal

Alabama appeals courts (rubber stamped again).
US Supreme Court overturns  (
Norris v. Alabama - all white jury is unconstitutional).
Note: phony jury rolls submitted to US Supreme Court!!


Fourth round of trials

"Liebowitz had to go"  --  replaced as first chair by southern lawyer!
Four defendants released in compromise.
Five others convicted again in sham trials.
Upheld on appeals this time! Cowardly US Supreme Court backs down!
Five victims spent many more years in prison.

Significance of the Scottsboro case:

Marked the transition from lynching to sham trials.

First intervention by federal courts - two landmark USSC rulings.

Inspired early civil rights movement that influenced later movement in many ways:

anti-racist publicity and activism raised to a new level, including international influence.
-  marches, protests, demonstrations raised to new level of organization and focus.
-  integrated movement, no racial segregation (set model for later movements).
-  international pressure on US to change racist policies.
-  anti-racism equated with anti-Americanism by conservatives.
-  produced intergenerational activists for change (continues today).
-  left "white Alabama" broke and exhausted (model for later movements - never quit!).



Copyright � 2009 Ernie Thomson. All rights reserved.
   email:  [email protected]


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