The Florida Supreme Court by a four-to-three decision, in ruling on the right to counsel, followed the line we marked out in Duncan v. Louisiana, 391 U.S. 145, 159, 88 S.Ct. As a result of the Supreme Court's decision, Jon Argersinger's conviction was overturned. In petty offenses, there is much less plea negotiation than in serious offenses. Thousands of these are not in practice, and many of those who do practice work for governments, corporate legal departments, or the Armed Services and are unavailable for criminal representation. . We need not consider the requirements of the Sixth Amendment as regards the right to counsel where loss of liberty is not involved, however, for here petitioner was in fact sentenced to jail. As a result of the court's opinion, the Supreme Court of Florida was reversedThe action of an appellate court overturning a lower court's decision.. Three concurring opinions were filed in this case. 401 U.S. 908, 91 S.Ct. Certainly if the Court follows the course of reading rigid rules into the Constitution, so that the state courts will be unable to exercise judicial discretion within the limits of fundamental fairness, there is little reason to think that insensitivity will abate. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. Kavanaugh • Finally, the majority's focus on aggregate figures ignores the heart of the problem, which is the distribution and availability of lawyers, especially in the hundreds of small localities across the country. In reaching this conclusion, the state courts have drawn the right-to-counsel line in different places, and most have acknowledged that they were moved to do so, at least in part, by the impracticality of going further.25 In other States, legislatures and courts through the enactment of laws or rules have drawn the line short of that adopted by the majority.26 These cases and statutes reflect the judgment of the courts and legislatures of many States, which understand the problems of local judicial systems better than this Court, that the rule announced by the Court today may seriously overtax capabilities.27. While it is true that Mr. Justice Black's opinion for the Court in Gideon is not narrowly written, Mr. Justice Harlan was quick to suggest, in his concurring opinion, that the facts in Gideon did not require the Court to decide whether the indigent's right to appointed counsel should extend to all criminal cases. I would hold that the right to counsel in petty-offense cases is not absolute but is one to be determined by the trial courts exercising a judicial discretion on a case-by-case basis.31 The determination 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.32 If the trial court should conclude that the assistance of counsel is not required in any case, it should state its reasons so that the issue could be preserved for review. [5], In offering a potential remedy, Justice Powell argued that he "would hold that the right to counsel in petty-offense cases is not absolute but is one to be determined by the trial courts exercising a judicial discretion on a case-by-case basis." 'Although the American economy is over 8 times the size of the British and the American population is almost 4 times as great, American legal aid expenditures are less than 2 times as high.' Even in the federal courts under the Criminal Justice Act of 1964, 18 U.S.C. No such history exists to support a similar limitation of the right to counsel; to the contrary, at common law, the right to counsel was available in misdemeanor but not in felony cases.4 Only as recently as Gideon has an indigent in a state trial had a right to appointed counsel in felony cases. But even today's decision could have a seriously adverse impact upon the day-to-day functioning of the criminal justice system. The answer may be given that if the Constitution requires the rule announced by the majority, the consequences are immaterial. ABA Report, New Perspectives on Urban Crime iv (1972). Neither the six-month rule approved below nor the rule today enunciated by the Court is likely to achieve this result. The potential impact on state court systems is also apparent in view of the variations in types of courts and their jurisdictions, ranging from justices of the peace and part-time judges in the small communities to the elaborately staffed police courts which operate 24 hours a day in the great metropolitan centers. The Court held that a criminal defendant may not be actually imprisoned unless provided with counsel. 158 (1932). Indeed, it is recognized that many of the problems identified in this opinion will result from any raising of the standards as to the requirement of counsel. And another, compulsory process for obtaining witnesses in one's favor. Associate justices: Alito • Catron • B. Waite • He was charged with the maximum penalty of six months in jail and a $1,000 fine. & Prof.Code § 3094 (1962) (optometrists); N.C.Gen.Stat. Reed • If a case went to trial without defense counsel, the court should intervene, when necessary, to insure that the defendant adequately brings out the facts in his favor and to prevent legal issues from being overlooked. 146, 147. The right to trial by jury, also guaranteed by the Sixth Amendment by reason of the Fourteenth, was limited by Duncan v. Louisiana, supra, to trials where the potential punishment was imprisonment for six months or more. Not sure what college you want to attend yet? Following is the case brief for Argersinger v. Hamlin, Supreme Court of the United States, (1972) Case summary for Argersinger v. Goldberg • 2072, 23 L.Ed.2d 656 (1969). "Very little such observation of the administration of criminal justice in operation is required to reach the conclusion that it suffers from basic ills.". The line between indigency and assumed capacity to pay for counsel is necessarily somewhat arbitrary, drawn differently from State to State and often resulting in serious inequities to accused persons. For example, in 1971 the State of Kansas spent $570,000 defending indigents in felony cases—up from $376,000 in 1969. | Differentiated Instruction Resources, NYSTCE Social Studies (115): Practice & Study Guide, College Macroeconomics: Homework Help Resource, NY Regents Exam - US History and Government: Test Prep & Practice, Middle School US History: Tutoring Solution, Selling & Pricing Strategy: Marketing Lesson Plans, Quiz & Worksheet - Converting Organic Compounds into ATP, Quiz & Worksheet - How Resources Drive Movement in Russia & Central Asia, Quiz & Worksheet - Finding the Subject of a Sentence, Quiz & Worksheet - Making In-Text Citations, How to Engage Readers by Picking and Developing an Appeal, Online English Lessons to Use for School Closures, Tech and Engineering - Questions & Answers, Health and Medicine - Questions & Answers, Working Scholars® Bringing Tuition-Free College to the Community. of certiorariLatin for "to be more fully informed." An attorney can also ensure that a defendant’s guilty plea meets the standard of being voluntary and knowing, and help protect justice in a high volume high speed court system. Due process, perhaps the most fundamental concept in our law, embodies principles of fairness rather than immutable line drawing as to every aspect of a criminal trial. Davis • Indeed, the Conference Report on the Criminal Justice Act of 1964 made clear the conferees' belief that the right to counsel extends to all offenses, petty and serious alike. But the conviction was reversed and a new trial ordered, because the trial court had prejudicially restricted the right of cross-examination, a right guaranteed by the Sixth Amendment. L. Lamar • 8, 15—16, 436 F.2d 162, 169—170 (1970). Prosecutors walk into courtrooms to try simple cases as they take their initial looks at the files. 1586, 29 L.Ed.2d 90 (1971), we said: 'Once licenses are issued, as in petitioner's case, their continued possession may become essential in the pursuit of a livelihood. Miller • The gap between the theory and the reality is enormous. After Argersinger, any criminal defendant who might be sentenced to prison was to be granted an attorney at trial. Mr. Justice POWELL suggests that these problems are raised even in situations where there is no prospect of imprisonment. The right of an indigent defendant in a criminal trial to the assistance of counsel, which is guaranteed by the Sixth Amendment as made applicable to the States by the Fourteenth, Gideon v. Wainwright, 372 U. S. 335, is not governed by the classification of the offense or by whether or not a jury trial is required. The case, arising out of a South Dakota police magistrate court conviction for the municipal offense of public intoxication, raises the same issues before us in this case. Fortas • Criminal Court of the City of New York Annual Report 11 (1970). Argersinger v. Hamlin 9-0. District of Columbia v. Clawans, 300 U.S. 617, 57 S.Ct. We do not share Mr. Justice POWELL's doubt that the Nation's legal resources are sufficient to implement the rule we announce today. Ibid. Gray • The denial of the assistance of counsel will preclude the imposition of a jail sentence.'8. Prior to his elevation to the U.S. Supreme Court, Powell served as president of the American Bar Association, a position to which he alluded near the conclusion of his concurrence, "Before becoming a member of this Court, I participated in efforts to enlarge and extend the availability of counsel. See Irvin v. State, 44 Ala.App. Junker, The Right to Counsel in Misdemeanor Cases, 43 Wash.L.Rev. Click here to contact our editorial staff, and click here to report an error. On March 8, 1972, a lawyer occasionally employed by the town filed with the clerk an affidavit explaining why the town had not responded. We said: '(I)n our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. It is an "order issued by the U.S. Supreme Court directing the lower court to transmit records for a case it will hear on appeal.". See Silverstein, supra, n. 9, at 125—126. Presumably a mistrial would be declared, counsel appointed, and a new trial ordered. Elsewhere in the Report the ABA stated that: 'The fundamental premise of these standards is that representation by counsel is desirable in criminal cases both from the viewpoint of the defendant and of society.' The constitutional requirements with respect to the issue have dated in recent times from Powell v. Alabama, 287 U.S. 45, 53 S.Ct. § 15:141(F) (1967); Me.Rule Crim.Proc. The judge can preserve the option of a jail sentence only by offering counsel to any defendant unable to retain counsel on his own. In Scott v. Illinois (1979), the Court held that only those indigent criminal defendants who are actually confronting jail time--not those for whom it is only a theoretical possibility--have a Sixth Amendment right to a court-appointed lawyer.

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