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History, 16.12.2021 03:50 kaitlynbrace9742

As a result of Johnston v. Zerbst (1938), the Supreme Court expanded the right to counsel to federal felony cases. A few years later, though, Betts v. Brady (1942) upheld states’ ability to decide who received counsel in state felony cases. It wasn’t until 1963 that Gideon v. Wainwright expanded the right to legal counsel to where it stands today. Clarence Earl Gideon was arrested for breaking and entering, a felony offense. He could not afford a lawyer and was denied representation because he was not facing the death penalty. Gideon attempted to represent himself and was sentenced to five years in prison. Gideon appealed his case to the Supreme Court on the grounds of the Sixth Amendment. The court effectively overruled Betts v. Brady in their decision: “In our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.” Today, anyone facing jail time has the right to a lawyer—unless they have waived their right. When a defendant is considered indigent or doesn’t have the money to afford counsel, the government appoints and pays for a lawyer. Which of the following best describes the relationship between the Supreme Court rulings and constitutional amendments?

A
Supreme Court rulings can only confirm amendments as they are currently understood.

B
Supreme Court rulings can expand upon or uphold the existing interpretation of an amendment.

C
Supreme Court rulings can lobby for changes to amendments, but those changes aren’t guaranteed.

D
Supreme Court rulings are used to update the language of amendments on a yearly basis.

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