scott v illinois
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Emily Ciaravolo
Scott v Illinois
440 U.S. 367 (1979)
Statement of the Facts
Scott was convicted of shoplifting goods valued at less than $150 in the state of Illinois. An Illinois statute sets the maximum penalty for such an offense at $500 or one year in jail or both. Scott, an indigent argues that when imprisonment is possible punishment, the state must provide counsel according to the previous case, Argersinger v. Hamlin.
Statement of the Issues
Does the sixth Amendment right to counsel involve "petty offenses" punishable by a fine, jail or both?
Holding of the Court
The Supreme Court of Illinois held that the Federal Constitution does not require a state trial court to appoint counsel for a criminal defendant in misdemeanor cases.
Reasoning of the Court
Justice William H. Rehnquist wrote the majority opinion...