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Casebook Read Credits
Criminal Procedure Fall 2022
Resource 10 . 1 . 2
39 minutes

Scott v. Illinois

C.E. Field

Here, we look at misdemeanors:  the Court holds that defendants do not have a right to the assistance of counsel for misdemeanor charges when no sentence of imprisonent is actually imposed.

In other words, even if the charge could be punished by jail time, the right to an attorney does not exist unless a sentence of imprisonment is actually imposed.

(Fines, community service, labor, forfeiture, or any other punishment excluding confinement are apparently completely acceptable without counsel present.)

Supreme Court of the United States
440 U.S. 367, 59 L. Ed. 2d 383, 99 S. Ct. 1158, 1979 U.S. LEXIS 3, SCDB 1978-052
No. 77-1177
1979-03-05

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