Scott v. Illinois

E280897

Scott v. Illinois is a 1979 U.S. Supreme Court decision that held the Sixth Amendment right to appointed counsel applies only when a defendant is actually sentenced to imprisonment, thereby limiting the broader protections suggested in Argersinger v. Hamlin.

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All labels observed (2)

Statements (44)

Predicate Object
instanceOf Sixth Amendment case
United States Supreme Court case
criminal procedure case
appliesTo misdemeanor prosecutions
petty offenses
areaOfLaw constitutional law
criminal law
criminal procedure
citation 440 U.S. 367
citationStyle Scott v. Illinois self-linksurface differs
surface form: Scott v. Illinois, 440 U.S. 367 (1979)
constitutionalProvisionInterpreted Fourteenth Amendment
surface form: Fourteenth Amendment to the United States Constitution

U.S. Constitution, Sixth Amendment
surface form: Sixth Amendment to the United States Constitution
court Supreme Court of the United States
decisionDate 1979-03-05
decisionType majority decision
defendantType indigent defendant
effect Narrowed the scope of the right to counsel in non-felony cases.
States are not required to provide counsel when only a fine is imposed.
fullCaseName Scott v. Illinois self-link
holding The Sixth Amendment requires appointed counsel only when a defendant is actually sentenced to imprisonment.
There is no constitutional right to appointed counsel when no term of imprisonment is imposed.
jurisdiction United States of America
surface form: United States
legalIssue U.S. Constitution, Sixth Amendment
surface form: Sixth Amendment

appointment of counsel for indigent defendants
right to counsel
limits Argersinger v. Hamlin
majorityOpinionBy William H. Rehnquist
overrules broad reading of Argersinger v. Hamlin
page 367
petitioner Scott
precedentialStatus binding precedent in federal and state courts on right-to-counsel issues involving actual imprisonment
relatedCase Alabama v. Shelton
Argersinger v. Hamlin
Gideon v. Wainwright
reporter United States Reports
respondent Illinois
surface form: State of Illinois
ruleAnnounced Actual imprisonment standard for right to appointed counsel in misdemeanor cases
standard Right to counsel attaches when a defendant is actually sentenced to jail, not merely exposed to jail time.
stateParty Illinois
subsequentTreatment Clarified and limited by Alabama v. Shelton regarding suspended sentences
timePeriod Warren and Burger Court era
volume 440
voteDissent 4
voteMajority 5

Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

Argersinger v. Hamlin overruledOrLimitedBy Scott v. Illinois
Argersinger v. Hamlin relatedCase Scott v. Illinois
Alabama v. Shelton hasRelatedCase Scott v. Illinois
Scott v. Illinois fullCaseName Scott v. Illinois self-link
Scott v. Illinois citationStyle Scott v. Illinois self-linksurface differs
this entity surface form: Scott v. Illinois, 440 U.S. 367 (1979)