44 (Super. 407 THE CHIEF JUSTICE in his opinion concurring in the result also observed that "any deprivation of liberty is a serious matter." From 1833 to 1843, he resided in Illinois (a free state) and in the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. . The Court's opinion turns the reasoning of Argersinger on its head. We’d have to fight to get rid of it, spill american blood over it. Gerri Papushkewych, Assistant Attorney General of Illinois, argued the cause for respondent.

Petitioner Scott was convicted of shoplifting merchandise valued at less than $150. 18.85.100 (1974) (any offense punishable by incarceration; or which may result in loss of valuable license or heavy fine); Alexander v. Anchorage, 490 P.2d 910 (Alaska 1971); Arizona: Ariz. Rule Crim. Cf. 294, 98 N. E. 2d 250 (1951); Kentucky: Ky. Rule Crim. Gideon v. Wainwright held that, because representation by counsel in a criminal proceeding is "fundamental and essential to a fair trial," U.S. 367, 388] . the existence of the right to counsel in trials involving "nonpetty" offenses punishable by more than six months in jail. See, e. g., Brief for Respondent in Argersinger v. Hamlin 12. 168 (1974). [440 . . Argersinger thus established a "two dimensional" test for the right to counsel: the right attaches to any "nonpetty" offense punishable by more than six months in jail and in addition to any offense where actual incarceration is likely regardless of the maximum authorized penalty.

. The procedural rules established by state statutes are geared to the nature of the potential penalty for an offense, not to the actual penalty imposed in particular cases. U.S. 458, 462 Brief for Petitioner 47-59. 1977) (any misdemeanor punishable by any period of imprisonment or fine over $1,000 unless prior determination that imprisonment or fine over $1,000 will not be imposed). 27A, §§ 2(f) and (h), 4 (1976); Mississippi: Miss.Code Ann. The Court simply chooses to ignore them. The Court held, however: "It is doubtless true that there is a category of petty crimes or offenses which is not subject to the Sixth Amendment jury trial provision and should not be subject to the Fourteenth Amendment jury trial requirement here applied to the States. 23 See, e.g., id. In addition, Alabama, Florida, Georgia, and Mississippi were until today covered by the Fifth Circuit's adoption of the "authorized imprisonment" standard. Petitioner Scott was convicted of shoplifting merchandise valued at less than $150. The offense of "theft" with which Scott was charged is certainly not a "petty" one.

[ 1975) (offense carrying a possible sentence of imprisonment); New York: N. Y. Crim. to have the Assistance of Counsel for his defence." Tr. We have now in our decided cases departed from the literal meaning of the Sixth Amendment.

That is demonstrably not so. 2 The petitioner argues that a line of this Court's cases culminating in Argersinger v. 372 Gideon involved a felony prosecution, but that fact was not crucial to the decision; its reasoning extended, in the words of the Sixth Amendment, to "all criminal prosecutions. Gideon v. Wainwright, 372 U. S. 335 (1963), extended the Sixth Amendment right to counsel to the States through the Fourteenth Amendment and held that the right includes the right of the indigent to have counsel provided. Atty. -197 (1971), in rejecting a proposed fiscal justification for providing free transcripts for appeals only when the appellant was subject to imprisonment: Furthermore, public defender systems have proved economically feasible, and the establishment of such systems to replace appointment of private attorneys can keep costs at acceptable levels even when the number of cases requiring appointment of counsel increases dramatically.

On this approach, of course, the judgment of the Supreme Court of Illinois upholding petitioner Scott's conviction should be reversed, since he was convicted of an offense for which he was constitutionally entitled to a jury trial.

For the reasons stated in my opinion in Argersinger v. Hamlin, 407 U.S. 25, 44 (1972), I do not think the rule adopted by the Court in that case is required by the Constitution.   for Cert. at 407 U. S. 31; see supra at 440 U. S. 377, and n. 3. Significance: Scott v. Harris is unusual because the Court made a de novo review of the facts in the case. 1972); Oregon: Brown v. Multnomah County Dist.

[440 The National Advisory Commission on Criminal Justice Standards and Goals adopted a maximum caseload standard of 150 felony cases or 400 misdemeanor cases per attorney per year.

Rev.

During the critical time period of the middle 19th century, the Dred Scott v. Sanford decision of the Supreme Court was one of those major treads on the pathway to secession. and Fourteenth Amendments to the United States Constitution require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense. 1978); Mahler v. Birnbaum, 95 Idaho 14, 501 P.2d 282 (1972); Maine: Newell v. State, 277 A. "In an adversary system of criminal justice, there is no right more essential than the right to the assistance of counsel."

The authorized penalty is also a better predictor of the stigma and other collateral consequences that attach to conviction of an offense.

Despite my continuing reservations about the Argersinger rule, it was approved by the Court in the 1972 opinion and four Justices have reaffirmed it today. Rev.Codes Ann. Petitioner Scott was convicted of theft and fined $50 after a bench trial in the Circuit Court of Cook County, Ill. His conviction was affirmed by the state intermediate appellate court and then by the Supreme Court of Illinois, over Scott's contention that the Sixth and Fourteenth Amendments to the United States Constitution required that Illinois provide trial counsel to him at its expense.

to have counsel provided.   ] Maryland: Md. Proc. §§ 609.02, 611.14 (1978) (felonies and "gross misdemeanors"; statute defines "petty" misdemeanors as those not punishable by imprisonment or fine over $100); New Hampshire: N.H.Rev.Stat.Ann.

His alternatives, assuming the availability, of counsel, will be to appoint counsel and retain the discretion vested in him by law, or to abandon this discretion in advance and proceed without counsel.". The judgment of the Supreme Court of Illinois is accordingly affirmed. Footnote 5 407 6 In his petition for certiorari, petitioner referred to the issue in this case as "the question left open in Argersinger v. Hamlin, 407 U.S. 25 (1972)."

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