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Prior to this case, which rights were considered to be "fundamental and essential to a fair trial" and thus "made obligatory on the states by the 14th Amendment"? Why do you think the right to a lawyer was not included in this list?

a. Right to a speedy trial
b. Right to an impartial jury
c. Right to confront witnesses
d. Right to legal representation

User Alex Motor
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Final answer:

Previously, the right to legal representation was understood as the ability to hire an attorney, not as an entitlement to have one provided if the defendant couldn't afford it. The right became obligatory on the states after Supreme Court held it to be fundamental for a fair trial in Gideon v. Wainwright.

Step-by-step explanation:

Prior to the landmark case of Gideon v. Wainwright, the following rights were considered to be "fundamental and essential to a fair trial" and thus "made obligatory on the states by the 14th Amendment": the right to a speedy trial, the right to an impartial jury, and the right to confront witnesses. The right to legal representation, although a key facet of the Sixth Amendment, was not always included in this list because initially, the provision meant that accused persons could pay for lawyers to represent them rather than the state providing one for those who could not afford it.

The pivotal moment for the incorporation of the right to counsel into the rights obligatory on the states came with the Supreme Court's ruling that this right was essential for a fair trial in the case of Gideon v. Wainwright. Before this case, the lack of recognition of the right to an attorney as fundamental potentially left indigent defendants to navigate the legal system alone, possibly resulting in unfair trials and convictions. The Supreme Court rectified this issue by ruling that states are required to provide legal representation to defendants who cannot afford it, ensuring the right to a fair trial.

User Doug Richardson
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