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| Powell v. Texas ： ウィキペディア英語版 |
Powell v. Texas
''Powell v. Texas'', 392 U.S. 514 (1968), was a United States Supreme Court case which ruled that a Texas statute criminalizing public intoxication did not violate the Eighth Amendment protection against cruel and unusual punishment. It was a 5-4 decision, and the majority opinion was by Justice Thurgood Marshall. Justice Hugo Black and Byron White each wrote separate concurring opinions, and Justice Abe Fortas dissented.
==Background==
The defendant, Leroy Powell, worked in a tavern shining shoes, for which he received approximately $12/week. Though Powell had a family he provided no support to them; instead, he would use his paycheck to buy wine, which he drank daily, and about once a week to the point of intoxication.〔http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=392&page=514〕
Powell was no stranger to the court system; "appellant had been convicted of public intoxication approximately 100 times since 1949, primarily in Travis County, Texas" (though he had a few convictions in neighboring Bastrop County, Texas). Each time, he would be fined $20 (for Travis County offenses) or $25 (for Bastrop County offenses); he would almost always have no means to pay the fine and was thus obliged to work off the fine in jail at the rate of $5/day.〔http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=392&page=514〕
In the specific case, Powell was arrested in Travis County in late December 1966 on yet another public intoxication charge. His case was heard before the Corporation Court of Austin, Texas (what the Austin municipal court was then called); Powell was once again found guilty and was once again fined $20. This time, though, his defense counsel appealed the conviction to the Travis County Court of Law No. 1 on the grounds that Powell could not be arrested for being an alcoholic. The County Court heard the case de novo and Powell was again found guilty, and fined him $50. As no further appeals were available for Powell within the Texas judicial system, his counsel appealed to the United States Supreme Court.〔http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=392&page=514〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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