Guides: Indigent Criminal Defense Research Guide: After Gideon

Key to Icons

Georgetown only
On Westlaw
On Lexis
On Bloomberg
PDF
More Info (hover)
Preeminent Treatise
Study Aid

After Gideon

Following Gideon v. Wainwright there was a period of intense scrutiny of protections for indigent defendants. In 1964, a year after the Gideon ruling, Congress passed the Criminal Justice Act (CJA), which provides funding for court-appointed counsel in federal cases. Scholarship continues to examine the precedent set by Gideon and whether the promises of competent counsel for poor defendants have been kept.

Argersinger v. Hamlin, 407 U.S. 25 (1972)
Held that a defendant may not be subjected to imprisonment without the aid of counsel, regardless of whether the offense was a misdemeanor or felony, and regardless of whether the offense qualified for a jury trial.
Scott v. Illinois, 440 U.S. 367 (1979)
Held that the state was not obligated to provide counsel when the conviction did not result in actual imprisonment, despite the fact that imprisonment was a potential penalty.
Massiah v. United States, 377 U.S. 201 (1964)
Held that the right to counsel attaches when a suspect is indicted.
Alabama v. Shelton, 535 U.S. 654 (2002)
The right to counsel attaches when a court imposes a suspended prison sentence.
Rothgery v. Gillespie County, 554 U.S. 191 (2008)
The right to counsel attached at the time of an initial hearing, when a defendant learned of the potential loss of liberty under the charges.
In re Gault, 387 U.S. 1 (1967)
Held that juveniles tried for crimes in delinquency proceedings should have the right of due process protected by the Fifth Amendment, including the right to confront witnesses and the right to counsel guaranteed by the Sixth Amendment.

Post-Gideon Scholarship

Post-Gideon Primary Source Documents

The National Equal Justice Library (NEJL) houses collections from several former directors of the NLADA Defender Division, and from other advocates in the public defender movement:

Indigent Criminal Defense Research Guide

Contents

Key to Icons

After Gideon

Post-Gideon Scholarship

Post-Gideon Primary Source Documents