Scott v. Illinois

Media Items
Scott v. Illinois - Oral Argument
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Advocates
John S. Elson (Argued the cause for the petitioner)
Gerri Papushkewych (Argued the cause for respondent)
Case Basics
Docket No.: 
77-1177
Petitioner: 
Scott
Respondent: 
Illinois
Decided By: 
Burger Court (1975-1981)
Opinion: 
440 U.S. 367 (1979)
Location No location information present.

Cite this page
The Oyez Project, Scott v. Illinois , 440 U.S. 367 (1979)
available at: (http://oyez.org/cases/1970-1979/1978/1978_77_1177)
Facts of the Case: 

Scott was convicted in a bench trial of shoplifting and fined $50. The statute applicable to his case set the maximum penalty at a $500 fine and/or one year in jail.

Question: 

Did the Sixth and Fourteenth Amendments require Illinois to provide Scott with trial counsel?

Conclusion: 

A plurality held that Illinois had not violated the Constitution. Writing for four of the justices, Rehnquist clarified the Court's holding in Argersinger v. Hamlin (1972) and argued that states could only sentence a convicted criminal to imprisonment if that person had been represented by counsel. Since Scott was not sentenced to imprisonment, even though the applicable statute allowed for it, the state was not obligated to provide counsel. Rehnquist called that line of reasoning "the central premise of Argersinger."

Decisions

Decision: 5 votes for Illinois, 4 vote(s) against
Legal provision: Right to Counsel

Sort by Ideology

Voted with the majority
Burger
Wrote a dissent
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Voted with the minority, joined Brennan's dissent
Marshall
Wrote a dissent
Blackmun
Wrote a regular concurrence
Powell
Wrote the majority opinion
Rehnquist
Voted with the minority, joined Brennan's dissent
Stevens

Full Opinion by Justice William H. Rehnquist

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