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Argersinger v. Hamlin, 407 U.S. 25 (1972)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Argersinger v. Hamlin, 407 U.S. 25 (1972)
Argersinger v. Hamlin No. 70-5015 Argued December 6, 1971 Reargued February 28, 1972 Decided June 12, 1972 407 U.S. 25
CERTIORARI TO THE SUPREME COURT OF FLORIDA
Syllabus
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. No accused may be deprived of his liberty as the result of any criminal prosecution, whether felony or misdemeanor, in which he was denied the assistance of counsel. In this case, the Supreme Court of Florida erred in holding that petitioner, an indigent who was tried for an offense punishable by imprisonment up to six months, a $1,000 fine, or both, and given a 90-day jail sentence, had no right to court-appointed counsel, on the ground that the right extends only to trials "for non-petty offenses punishable by more than six months imprisonment." Pp. 27-40.
236 So.2d 442, reversed.
DOUGLAS, J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BRENNAN, J., filed a concurring opinion, in which DOUGLAS and STEWART, JJ., joined, post, p. 40. BURGER, C.J., filed an opinion concurring in the result, post, p. 41. POWELL, J., filed an opinion concurring in the result, in which REHNQUIST, J., joined, post, p. 44.
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Chicago: U.S. Supreme Court, "Syllabus," Argersinger v. Hamlin, 407 U.S. 25 (1972) in 407 U.S. 25 407 U.S. 26. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=CUUP9FAAM8WIAMR.
MLA: U.S. Supreme Court. "Syllabus." Argersinger v. Hamlin, 407 U.S. 25 (1972), in 407 U.S. 25, page 407 U.S. 26. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CUUP9FAAM8WIAMR.
Harvard: U.S. Supreme Court, 'Syllabus' in Argersinger v. Hamlin, 407 U.S. 25 (1972). cited in 1972, 407 U.S. 25, pp.407 U.S. 26. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=CUUP9FAAM8WIAMR.
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