Question

The decision in this case set forth that the accused has the right to an attorney, whether the offense is a misdemeanor or a felony, if the offense is punishable by incarceration. Which of the following cases is related to this decision?

1) Weems v. United States
2) United States v. Leon
3) Schall vs. Martin
4) Arsinger vs. Hamlin

Answer 1

The case related to the decision that the accused has the right to an attorney for offenses punishable by incarceration is Argersinger v. Hamlin, while the foundational case establishing the right to counsel in state courts is Gideon v. Wainwright.

Step-by-step explanation:

The case that set forth that the accused has the right to an attorney, whether the offense is a misdemeanor or a felony, if the offense is punishable by incarceration is Argersinger v. Hamlin. However, the more well-known case that established the right to counsel in felony cases is Gideon v. Wainwright. In this landmark decision, the Supreme Court ruled that the Sixth Amendment's right to counsel applies to criminal defendants in state courts, ensuring that state courts must appoint attorneys for defendants who cannot afford one. This decision underscored that the right to counsel is fundamental and essential for a fair trial, which is a basis for Due Process under the Fourteenth Amendment.