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In Argersinger the State of Florida urged that a similar dichotomy be employed in the right-to-counsel area: Any offense punishable by less than six months in jail should not require appointment of counsel for an indigent defendant.3 The Argersinger Court rejected this analogy, however, observing that "the right to trial by jury has a different genealogy and is brigaded with a system of trial to a judge alone."

Whether this question was indeed "left open" in Argersinger depends upon whether one considers that opinion to be a point in a moving line or a holding that the State are required to go only so far in furnishing counsel to indigent defendants. U.S. 25 44 (Super. Brief for Petitioner 47-59. But in those that end up in the actual deprivation of a person's liberty, the accused will receive the benefit of 'the guiding hand of counsel' so necessary where one's liberty is in jeopardy. Today's decision reminds one of Mr. Justice Black's description of Betts v. Brady: "an anachronism when handed down" that "ma[kes] an abrupt break with its own well-considered precedents." Pet. Gideon v. Wainwright, 372 U. S. 335, 372 U. S. 344 (1963); see Junker, supra, 440 U.S. 367fn2/5|>n. .

. I do so, however, with the hope that in due time a majority will recognize that a more flexible rule is consistent with due process and will better serve the cause of justice. The majority found that someone suspected of a crime has the right to speak with an attorney during a police interrogation under … Crim. Powell v. Alabama, for Cert. ] See, e. g., Krantz et al., supra n. 14, at 445-606. The Dred Scott case, also known as Dred Scott v. Sandford, was a decade-long fight for freedom by a Black enslaved man named Dred Scott. 399 ." Although the intentions of the Argersinger Court are not unmistakably clear from its opinion, we conclude today that Argersinger did indeed delimit the constitutional right to appointed counsel in state criminal proceedings. This website requires JavaScript. It is punishable by a sentence of up to one year in jail. The authorized penalty is also a better predictor of the stigma and other collateral consequences that attach to conviction of an offense. 399 Proc.

). We note that the line drawn in Argersinger was with full awareness of the various options. denied, 419 U.S. 1009 (1974). Argersinger v. Hamlin, The question of the right to counsel in cases in which incarceration was authorized but would not be imposed was expressly reserved. . The Court's opinion intimates that the Court's precedents ordaining the right to appointed counsel for indigent accuseds in state criminal proceedings fail to provide a principled basis for deciding this case.

See, e. g., Ingraham, The Impact of Argersinger - One Year Later, 8 Law & Soc. But rather than decide consonant with the assumption in regard to nonpetty offenses that was both implicit and explicit in Argersinger, the Court today retreats to the indefensible position that the Argersinger "actual imprisonment" standard is the only test for determining the boundary of the Sixth Amendment right to appointed counsel in state misdemeanor cases, thus necessarily deciding that in many cases (such as this one) a defendant will have no right to appointed counsel even when he has a constitutional right to a jury trial. 168 (1974).

"MR. JUSTICE POWELL suggests that these problems [requiring the presence of counsel to insure the accused a fair trial] are raised even in situations where there is no prospect of imprisonment. U.S. 66 Id., at 52. The Court's reasoning in applying the right to counsel in the case before it -- that the right to counsel is more fundamental to a fair proceeding than the right to jury trial and that the historical limitations on the jury trial right are irrelevant to the right to counsel -- certainly cannot support a standard for the right to counsel that is more restrictive than the standard for granting a right to jury trial. "The determination [whether counsel must be appointed] should be made before the accused formally pleads; many petty cases are resolved by guilty pleas in which the assistance of counsel may be required. Instead of a peaceful settlement, the resolutions launched a raging debate for seven months. Stat. Ann., Art.

The Court's opinion intimates that the Court's precedents ordaining the right to appointed counsel for indigent accuseds in state criminal proceedings fail to provide a principled basis for deciding this case. Rule 3:27-1 (any offense which is indictable); Pennsylvania: Pa.Rules Crim.Proc. No contracts or commitments. The procedural rules established by state statutes are geared to the nature of the potential penalty for an offense, not to the actual penalty imposed in particular cases. The deciison declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery. Gen. No. 276-277 (1973).  

207 (1963) (counsel should be appointed in misdemeanor cases of "more than minor significance" and "when prejudice might result"); Montana: Mont. Footnote 16 U.S. 367, 381] [ U.S. 66 But, with all respect, that concern is both irrelevant and speculative. Footnote 12 But they were rejected in much larger part because of the Court's conclusion that incarceration was so severe a sanction that it should not be imposed as a result of a criminal trial unless an indigent These problems with the "actual imprisonment" standard were suggested in my Brother POWELL's concurrence in Argersinger, 407 U.S. at 407 U. S. 555, which was echoed in scholarly criticism of that decision. (1977). See Duke, The Right to Appointed Counsel: Argersinger and Beyond, 12 Am. Argersinger has proved reasonably workable, whereas any extension would create confusion and impose unpredictable, but necessarily substantial, costs on 50 quite diverse States.5 We therefore hold that the Sixth and Fourteenth Amendments to the United States Constitution require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense. It was also geography and economic differences that continue, When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States.

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