Note: This is an educational course, not legal advice.
The Sixth Amendment says "In all criminal prosecutions, the accused shall enjoy… the Assistance of Counsel for his defence." At first that meant a right to hire a lawyer. The question in the 1900s was whether government must provide one to people who cannot pay. It was decided case by case, through due process and then incorporation.
Why it works
Gideon built on Powell v. Alabama (1932), in which the Court held that the young defendants in the Scottsboro case, tried for their lives in Alabama without real help from a lawyer, were denied due process. Later cases set the reach of the right: no one may be imprisoned for any offense, even a misdemeanor, without counsel (Argersinger v. Hamlin (1972)), but where only a fine is imposed, counsel is not required (Scott v. Illinois (1979)). The right covers critical stages before trial and a first appeal. Effective help matters too. Under Strickland v. Washington (1984), a defendant claiming ineffective assistance must show (1) deficient performance, below an objective standard of reasonableness, judged without hindsight and with a strong presumption of competence; and (2) prejudice, a reasonable probability that but for the errors the result would have been different.
Key idea
Powell v. Alabama (1932) required counsel in a capital case like Scottsboro; Gideon v. Wainwright (1963), overruling Betts, required states to provide counsel to poor defendants charged with felonies; Argersinger extended it to any case that results in imprisonment. Strickland: ineffective assistance needs deficient performance and prejudice.
Worked example: A misdemeanor
A defendant who cannot afford a lawyer is charged with a misdemeanor punishable by up to six months in jail. The judge refuses to appoint counsel and sentences him to 30 days. Valid?
- Gideon covered felonies; Argersinger (1972) extended the right to any case in which the defendant is actually imprisoned.
- He was sentenced to jail without counsel.
Answer: Invalid; the jail sentence cannot stand without counsel.
Worked example: Strickland
A lawyer failed to object to a piece of evidence, but the rest of the evidence of guilt was overwhelming. Does the defendant win an ineffective assistance claim?
- Even if failing to object was deficient performance, Strickland also requires prejudice.
- With overwhelming other evidence, there is no reasonable probability of a different result.
Answer: No; prejudice is missing.
Common mistake
Thinking Gideon required lawyers in every case. It covered felonies; Argersinger (1972) and later cases extended it to misdemeanors that result in imprisonment. Where only a fine is imposed, appointed counsel is not constitutionally required (Scott v. Illinois).