scott illinois argued december decided march petitioner indigent convicted shoplifting fined bench trial illinois state applicable illinois statute set maximum penalty offense fine one year jail petitioner conviction ultimately affirmed illinois petitioner contention line cases culminating argersinger hamlin requires state provision counsel whenever imprisonment authorized penalty held sixth fourteenth amendments require indigent criminal defendant sentenced term imprisonment unless state afforded right assistance appointed counsel defense require state trial appoint counsel criminal defendant petitioner charged statutory offense imprisonment upon conviction authorized imposed pp argersinger hamlin supra limits constitutional right appointed counsel state criminal proceedings case actually leads imprisonment even matter res nova argersinger central premise actual imprisonment penalty different kind fines mere threat imprisonment eminently sound warrants adoption actual imprisonment line defining constitutional right appointment counsel rehnquist delivered opinion burger stewart white powell joined powell filed concurring opinion post brennan filed dissenting opinion marshall stevens joined post blackmun filed dissenting opinion post john elson argued cause filed briefs petitioner gerri papushkewych assistant attorney general illinois argued cause respondent brief william scott attorney general donald mackay melbourne noel assistant attorneys general howard eisenberg filed brief national legal aid defender assn amicus curiae urging reversal justice rehnquist delivered opinion granted certiorari case resolve conflict among state lower federal courts regarding proper application decision argersinger hamlin petitioner scott convicted theft fined bench trial circuit cook county conviction affirmed state intermediate appellate illinois scott contention sixth fourteenth amendments constitution required illinois provide trial counsel expense petitioner scott convicted shoplifting merchandise valued less applicable illinois statute set maximum penalty offense fine one year jail petitioner argues line cases culminating argersinger hamlin supra requires state provision counsel whenever imprisonment authorized penalty illinois rejected contention quoting following language argersinger hold therefore absent knowing intelligent waiver person may imprisoned offense whether classified petty misdemeanor felony unless represented counsel trial rule announce today every judge know trial misdemeanor starts imprisonment may imposed even though local law permits unless accused represented counsel measure seriousness gravity offense therefore know name lawyer represent accused trial starts petition certiorari petitioner referred issue case question left open argersinger hamlin pet cert whether question indeed left open argersinger depends upon whether one considers opinion point moving line holding state required go far furnishing counsel indigent defendants illinois quoting language argersinger clearly viewed latter argersinger holding additional support proposition may derived concluding paragraph opinion case run misdemeanors affected today ruling end actual deprivation person liberty accused receive benefit guiding hand counsel necessary one liberty jeopardy considerable doubt sixth amendment originally drafted framers bill rights contemplated guarantee right accused criminal prosecution federal employ lawyer assist defense beaney right counsel american courts powell alabama held alabama obligated appoint counsel scottsboro defendants phrasing inquiry whether defendants substance denied right counsel whether denial infringes due process clause fourteenth amendment concluded opinion following language statute every state union express provision law determination courts make duty trial judge accused unable employ counsel appoint counsel rule applies broadly criminal prosecutions others limited serious crimes limited number capital cases rule adopted unanimous accord reflects establish inherent right counsel appointed least cases like present lends convincing support conclusion reached fundamental nature right several terms later held duncan louisiana right jury trial federal guaranteed sixth amendment applicable state virtue fourteenth amendment held however doubtless true category petty crimes offenses subject sixth amendment jury trial provision subject fourteenth amendment jury trial requirement applied crimes carrying possible penalties six months require jury trial otherwise qualify petty offenses omitted baldwin new york controlling opinion justice white concluded offense deemed petty purposes right trial jury imprisonment six months authorized argersinger state florida urged similar dichotomy employed area offense punishable less six months jail require appointment counsel indigent defendant argersinger rejected analogy however observing right trial jury different genealogy brigaded system trial judge alone number separate opinions gideon duncan baldwin argersinger suggests constitutional line drawing becomes difficult reach constitution extended efforts made transpose lines one area sixth amendment jurisprudence another process incorporation creates special difficulties state federal contexts often different application principle may ramifications distinct degree kind range human conduct regulated state criminal laws much broader federal criminal laws particularly petty offense part spectrum matter constitutional adjudication therefore less willing extrapolate already extended line although general nature principle sought applied clear precise limits ramifications become less decided cases departed literal meaning sixth amendment fall back common law existed prior enactment amendment since perversely gave less way right counsel accused felons accused misdemeanors see powell alabama supra argersinger rejected arguments social cost lack available lawyers militated holding part thought arguments factually incorrect rejected much larger part conclusion incarceration severe sanction imposed result criminal trial unless indigent defendant offered appointed counsel assist defense regardless cost implicit rule opinion repeatedly referred trials accused deprived liberty case actually leads imprisonment even brief period chief justice opinion concurring result also observed deprivation liberty serious matter although intentions argersinger unmistakably clear opinion conclude today argersinger indeed delimit constitutional right appointed counsel state criminal proceedings even matter res nova believe central premise argersinger actual imprisonment penalty different kind fines mere threat imprisonment eminently sound warrants adoption actual imprisonment line defining constitutional right appointment counsel argersinger proved reasonably workable whereas extension create confusion impose unpredictable necessarily substantial costs quite diverse therefore hold sixth fourteenth amendments constitution require indigent criminal defendant sentenced term imprisonment unless state afforded right assistance appointed counsel defense judgment illinois accordingly affirmed footnotes rev ch penalty provision statute time question provided relevant part person first convicted theft property person exceeding value shall fined exceed imprisoned penal institution penitentiary exceed one year person convicted theft second subsequent time prior conviction type theft shall imprisoned penitentiary one years brief respondent argersinger hamlin note line drawn argersinger full awareness various options petitioner case legal aid society new york amicus curiae argued right appointed counsel pertain case imprisonment authorized penalty underlying offense brief petitioner argersinger hamlin brief legal aid society new york amicus curiae argersinger hamlin respondent florida amici urged line drawn baldwin purposes jury trial guarantee see brief respondent argersinger hamlin solicitor general argued standard finally adopted actual imprisonment brief amicus curiae argersinger hamlin unfortunately extensive empirical work done exists suggests requirements argersinger proved unduly burdensome see ingraham impact argersinger one year later law soc rev jurisdictions difficulty implementing argersinger certainly argument extending krantz smith rossman froyd hoffman right counsel criminal cases justice powell concurring reasons stated opinion argersinger hamlin think rule adopted case required constitution moreover drawing line based whether imprisonment even overnight practical effect precluding provision counsel types cases conviction serious consequences argersinger rule also tends impair proper functioning criminal justice system trial judges advance hearing evidence knowing anything case except charge often compelled forgo legislatively granted option impose sentence imprisonment upon conviction preserving option providing counsel often impossible impracticable particularly congested urban courts scores cases heard single sitting small rural communities lawyers may available despite continuing reservations argersinger rule approved opinion four justices reaffirmed today important provide clear guidance hundreds courts across country confront problem daily accordingly mindful stare decisis join opinion however hope due time majority recognize flexible rule consistent due process better serve cause justice justice brennan justice marshall justice stevens join dissenting sixth amendment provides criminal prosecutions accused shall enjoy right assistance counsel defence emphasis supplied gideon wainwright extended sixth amendment right counsel fourteenth amendment held right includes right indigent counsel provided argersinger hamlin held right recognized gideon extends trial offense convicted defendant likely incarcerated case presents question whether right counsel extends person accused offense although punishable incarceration actually punished fine petitioner aubrey scott charged theft violation rev ch offense punishable imprisonment one year fine four months argersinger decided scott bench trial without counsel without notice entitlement retain counsel indigent counsel provided found guilty charged sentenced pay fine opinion best ignores basic principles prior decisions affirms scott conviction without counsel sentenced pay fine view plain wording sixth amendment precedents compel conclusion scott uncounseled conviction violated sixth fourteenth amendments reversed opinion intimates precedents ordaining right appointed counsel indigent accuseds state criminal proceedings fail provide principled basis deciding case demonstrably principles developed relevant precedents clear sound simply chooses ignore gideon wainwright held representation counsel criminal proceeding fundamental essential fair trial sixth amendment right counsel applicable fourteenth amendment eason reflection require us recognize adversary system criminal justice person haled poor hire lawyer assured fair trial unless counsel provided seems us obvious truth governments state federal quite properly spend vast sums money establish machinery try defendants accused crime lawyers prosecute everywhere deemed essential protect public interest orderly society similarly defendants charged crime indeed fail hire best lawyers get prepare present defenses government hires lawyers prosecute defendants money hire lawyers defend strongest indications widespread belief lawyers criminal courts necessities luxuries right one charged crime counsel may deemed fundamental essential fair trials countries beginning state national constitutions laws laid great emphasis procedural substantive safeguards designed assure fair trials impartial tribunals every defendant stands equal law noble ideal realized poor man charged crime face accusers without lawyer assist argersinger hamlin took cautious approach toward implementing logical consequences gideon rationale petitioner argersinger sentenced jail days conviction trial without counsel carrying concealed weapon florida offense carrying authorized penalty imprisonment six months fine state relying duncan louisiana baldwin new york urged sixth amendment right counsel like right jury trial apply accuseds charged petty offenses punishable less six months imprisonment argersinger refused extend petty offense limitation right counsel pointed limitation contrary express words sixth amendment guarantee enumerated rights criminal prosecutions right jury trial sixth amendment right applicable held inapplicable petty offenses limitation based historical considerations peculiar right jury trial right counsel fundamentally related fairness criminal prosecutions right jury trial fact essential meaningful exercise sixth amendment protections although analysis like gideon earlier cases suggested sixth amendment right counsel apply state criminal prosecutions argersinger held indigent defendant entitled appointed counsel even petty offenses punishable six months incarceration less likely sentenced incarceration time convicted question right counsel cases incarceration authorized imposed expressly reserved ii view petitioner prevail case without extending right counsel beyond assumed exist argersinger neither party case questioned existence right counsel trials involving nonpetty offenses punishable six months jail question addressed whether right applied petty offenses right jury trial extend reasoning applying right counsel case right counsel fundamental fair proceeding right jury trial historical limitations jury trial right irrelevant right counsel certainly support standard right counsel restrictive standard granting right jury trial brother powell commented opinion concurring result argersinger clear wherever line drawn must drawn indigent right appointed counsel cases due process right jury trial argersinger thus established two dimensional test right counsel right attaches nonpetty offense punishable six months jail addition offense actual incarceration likely regardless maximum authorized penalty see duke right appointed counsel argersinger beyond crim rev offense theft scott charged certainly petty one punishable sentence one year jail unlike many traffic regulatory offenses carries moral stigma associated crimes traditionally recognized indicative moral depravity state indicted oral argument services professional prosecutor considered essential prosecution offense tr oral arg cf argersinger hamlin powell concurring result likewise nonindigent defendants charged offense well advised hire best lawyers get scott right assistance appointed counsel thus plainly mandated logic prior cases including argersinger iii rather decide consonant assumption regard nonpetty offenses implicit explicit argersinger today retreats indefensible position argersinger actual imprisonment standard test determining boundary sixth amendment right appointed counsel state misdemeanor cases thus necessarily deciding many cases one defendant right appointed counsel even constitutional right jury trial simply intolerable result actual imprisonment standard unprecedented exclusive test also problems inherent application demonstrate superiority authorized imprisonment standard require appointment counsel indigents accused offense imprisonment time authorized first authorized imprisonment standard faithfully implements principles sixth amendment identified gideon procedural rules established state statutes geared nature potential penalty offense actual penalty imposed particular cases authorized penalty also better predictor stigma collateral consequences attach conviction offense exception argersinger authorized penalties used consistently true measures seriousness offenses see baldwin new york frank moreland imprisonment sanction particularly associated criminal offenses trials offenses punishable imprisonment accordingly possess characteristics found gideon require appointment counsel contrast actual imprisonment standard opinion case demonstrates denies right counsel criminal prosecutions accuseds suffer severe consequences prosecution imprisonment second authorized imprisonment test presents problems administration avoids necessity consideration likely sentence individual case trial attendant problems inaccurate predictions unequal treatment apparent actual bias problems actual imprisonment standard suggested brother powell concurrence argersinger echoed scholarly criticism decision petitioner emphasizes defects arguing considerable force implementation actual imprisonment standard must assuredly lead violations due process equal protection clauses constitution brief petitioner finally authorized imprisonment test ensures courts abrogate legislative judgments concerning appropriate range penalties considered offense actual imprisonment standard judge forced decide advance trial without hearing evidence whether forgo entirely judicial discretion impose sentence imprisonment abandon responsibility consider full range punishments established legislature alternatives assuming availability counsel appoint counsel retain discretion vested law abandon discretion advance proceed without counsel argersinger hamlin supra powell concurring result apparent reason adoption actual imprisonment standard misdemeanors concern economic burden authorized imprisonment standard might place respect concern irrelevant speculative role enforcing constitutional guarantees criminal defendants made dependent budgetary decisions state governments unanimous made clear mayer chicago rejecting proposed fiscal justification providing free transcripts appeals appellant subject imprisonment argument misconceives principle griffin illinois griffin represent balance needs accused interest society principle flat prohibition pricing indigent defendants effective appeal available others able pay way invidiousness discrimination exists criminal procedures made available pay erased differences sentences may imposed state fiscal interest therefore irrelevant furthermore public defender systems proved economically feasible establishment systems replace appointment private attorneys keep costs acceptable levels even number cases requiring appointment counsel increases dramatically public defender system alternative also answers argument authorized imprisonment standard clog courts inexperienced appointed counsel perhaps strongest refutation respondent alarmist prophecies authorized imprisonment standard wreak havoc standard produced result substantial number already provide counsel cases imprisonment authorized include large majority country population great diversity urban rural environments moreover yet provide counsel cases imprisonment authorized many provide counsel periods imprisonment longer days months months authorized fact scott entitled appointed counsel current laws least may well adoption authorized imprisonment standard lead state local governments criminal statutes state legislature local government might determine longer desired authorize incarceration certain minor offenses light expense meeting requirements constitution view long overdue event actual imprisonment standard must inevitably lead courts make plainly properly legislative responsibility iv opinion turns reasoning argersinger head restricts right counsel perhaps fundamental sixth amendment right narrowly admittedly less fundamental right jury trial abstract pretext constitutional line drawing becomes difficult reach constitution extended efforts made transpose lines one area sixth amendment jurisprudence another ante camouflage anomalous result reaches today decision reminds one justice black description betts brady anachronism handed kes abrupt break precedents gideon wainwright scott found indigent time initial appeal attorney therefore appointed provided free transcript trial use appeal illinois courts parties assumed indigency time trial purposes case see app sixth amendment embodies realistic recognition obvious truth average defendant professional legal skill protect brought tribunal power take life liberty wherein prosecution presented experienced learned counsel simple orderly necessary lawyer untrained layman may appear intricate complex mysterious johnson zerbst right heard many cases little avail comprehend right heard counsel even intelligent educated layman small sometimes skill science law charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible lacks skill knowledge adequately prepare defense even though perfect one requires guiding hand counsel every step proceedings without though guilty faces danger conviction know establish innocence true men intelligence much true ignorant illiterate feeble intellect powell alabama see argersinger hamlin simply arguable ever held trial petty offense may held secret without notice accused charges cases defendant right confront accusers compel attendance witnesses behalf quoting junker right counsel misdemeanor cases rev cf oliver right public trial pointer texas right confrontation klopfer north carolina right speedy trial washington texas right compulsory process witnesses groppi wisconsin right impartial jury historical support limiting deep commitment trial jury serious criminal cases support similar limitation right assistance counsel sixth amendment extended right counsel beyond dimensions nothing language amendment history decisions indicate intended embody retraction right petty offenses wherein common law previously require counsel provided argersinger hamlin citations omitted see supra justice powell suggests problems requiring presence counsel insure accused fair trial raised even situations prospect imprisonment need consider requirements sixth amendment regards right counsel loss liberty involved however petitioner fact sentenced jail see powell concurring result theft conviction implies dishonesty may basis impeaching petitioner testimony proceeding people stufflebean app jurors must fair character approved integrity rev ch petitioner may excluded jury duty result theft conviction twelve occupations licensed illinois law occupations licensed city chicago ordinances require license applicant good moral character equivalent background qualification found unsatisfied theft conviction see chicago council lawyers study licensing restrictions city chicago state illinois federal law petitioner theft conviction bar working capacity bank insured federal deposit insurance corporation possibly public private employment requiring security clearance cfr iii gideon wainwright see junker supra brother powell concurrence argersinger joined brother rehnquist also supports petitioner right appointed counsel case concurrence explicitly stated right counsel extend least far right jury trial preference approach repeatedly limited petty offenses see even petty offenses argersinger concurrence mandated following procedures determination whether counsel must appointed made accused formally pleads many petty cases resolved guilty pleas assistance counsel may required trial conclude assistance counsel required case state reasons issue preserved review see supra scope collateral consequences constitutionally permissible actual imprisonment standard remains unsettled uncertainty another source confusion generated standard see tr oral arg white note argersinger hamlin collateral use prior misdemeanor convictions indigents unrepresented counsel trial ohio see krantz smith rossman froyd hoffman right counsel criminal cases mandate argersinger hamlin duke right appointed counsel argersinger beyond crim rev approach advocated brother powell argersinger also criticized unworkable administrative burden impose see uniform rules criminal procedure rule comment see also bounds smith see uniform rules criminal procedure rule comment estimates misdemeanor defendants opposed felony defendants meet necessary indigency standard national legal aid defender face justice note pp survey indicates national average indigency felony cases misdemeanor cases national advisory commission criminal justice standards goals adopted maximum caseload standard felony cases misdemeanor cases per attorney per year national advisory commission criminal justice standards goals courts standard pp see also face justice supra table study conducted state wisconsin introduced state public defender system wisconsin state ex rel winnie harris extended right counsel way urged petitioner case indicated average cost providing counsel misdemeanor case reduced using public defender rather appointing private counsel brief national legal aid defender assn amicus curiae see alaska alaska art alaska stat ann offense punishable incarceration may result loss valuable license heavy fine alexander anchorage alaska arizona rule crim proc criminal proceedings may result punishment loss liberty concludes interest justice requires california cal penal code ann west supp criminal cases connecticut stat criminal actions delaware del code tit indigents arrest charged crime defendant requests orders hawaii haw rev stat offense punishable confinement jail indiana ind art criminal prosecutions bolkovac state ind kentucky rule crim proc offenses punishable fine imprisonment louisiana la code crim art west supp offenses punishable imprisonment massachusetts mass sup jud rule crime sentence imprisonment may imposed minnesota stat felonies gross misdemeanors statute defines petty misdemeanors punishable imprisonment fine new hampshire rev stat ann supp offenses punishable imprisonment new mexico stat ann supp offense carrying possible sentence imprisonment new york crim proc law mckinney misdemeanors except traffic violations people weinstock misc traffic violations subject possible imprisonment oklahoma okla tit criminal cases stewart state crim app oregon brown multnomah county dist app criminal cases south dakota comp laws ann supp criminal action tennessee code ann persons accused crime misdemeanor whatsoever texas tex code crim proc art vernon felony misdemeanor punishable imprisonment virginia code supp misdemeanors penalty may confinement jail washington justice crim rule criminal offenses punishable loss liberty west virginia code persons indictment crime wisconsin wis art state ex rel winnie harris offenses punishable incarceration respondent claims statutes case law need read requiring appointment counsel imprisonable cases brief respondent although law unambiguous every case ambiguities laws suggest list perhaps short least provide counsel trivial offenses colorado rev stat misdemeanors municipal code violations discretion public defender georgia code violation state law local ordinance may result incarceration missouri mo op atty counsel appointed misdemeanor cases minor significance prejudice might result montana mont rev codes ann may assign counsel misdemeanors interest justice nevada rev stat persons accused gross misdemeanors felonies new jersey stat ann west crim rule offense indictable pennsylvania rules crim proc summary cases wyoming wyo stat entitled appointed counsel serious crimes serious crimes incarceration practical possibility cases accused shall may punished imprisonment penitentiary addition alabama florida georgia mississippi today covered fifth circuit adoption authorized imprisonment standard see potts estelle thomas savage several adopted authorized imprisonment standard give courts discretionary authority appoint counsel cases perceived necessary maryland missouri montana north dakota ohio pennsylvania iowa iowa rules crim proc maryland md ann code art mississippi miss code ann idaho idaho code supp mahler birnbaum idaho maine newell state ohio ohio rules crim proc rhode island rule crim proc super rule crim proc dist state holliday utah utah code ann salt lake city salt lake county see nn supra actual figure may closer following appear governed likelihood imprisonment standard arkansas ark rule crim proc criminal offenses except misdemeanor cases determines circumstances conviction result imprisonment florida rule crim proc misdemeanor municipal ordinance violation unless prior written statement judge conviction result imprisonment north carolina stat supp case imprisonment fine likely adjudged north dakota rule crim proc nonfelony cases unless magistrate determines sentence upon conviction include imprisonment vermont stat tit supp misdemeanor punishable period imprisonment fine unless prior determination imprisonment fine imposed two require appointment counsel indigents cases constitutionally required alabama code south carolina code supp require counsel misdemeanor cases virtue judicial decisions reacting argersinger kansas state giddings michigan people studaker people harris app nebraska kovarik county banner neb see krantz et supra adversary system criminal justice right essential right assistance counsel lakeside oregon interest protected right guilt innocence determined jury tempering possibly arbitrary harsh exercise prosecutorial judicial power important fundamental guarantee fair trial right counsel argersinger hamlin powell concurring result footnotes omitted justice blackmun dissenting substantially reasons stated justice brennan parts ii dissenting opinion hold right counsel secured sixth fourteenth amendments extends least far right jury trial secured amendments accordingly hold indigent defendant state criminal case must afforded appointed counsel whenever defendant prosecuted nonpetty criminal offense one punishable six months imprisonment see duncan louisiana baldwin new york whenever defendant convicted offense actually subjected term imprisonment argersinger hamlin resolution feel provide bright line defendants prosecutors trial appellate courts deserve time reconcile principled basis important considerations led decisions duncan baldwin argersinger approach course judgment illinois upholding petitioner scott conviction reversed since convicted offense constitutionally entitled jury trial therefore dissent