Final answer:
The right to an attorney for those who cannot afford one is guaranteed by the Sixth Amendment, which was emphasized by the Supreme Court in the Gideon v. Wainwright case. This ensures the right to counsel in both state and federal courts, essential for a fair trial.
Step-by-step explanation:
The amendment foundational in providing the right to an attorney for those who cannot afford one is the Sixth Amendment of the United States Constitution. This right was further reinforced by the landmark Supreme Court decision in Gideon v. Wainwright (1963). Prior to this ruling, the provision of legal counsel was not a requirement for states, especially in non-capital cases. The Sixth Amendment ensures that all defendants in criminal prosecutions have the right to counsel, implying the necessity for a fair trial. Due to the 14th Amendment's due process clause, the right established by the Sixth Amendment was made applicable to the states.
In the Gideon v. Wainwright case, a precedent was set, ensuring that state courts are required to appoint attorneys for defendants who cannot afford to retain counsel on their own. This decision emphasized that the right to legal defense is so fundamental that, without it, a trial cannot be fair. Therefore, regardless of the level of the crime (felony or misdemeanor), if there is the potential for jail time, the state must provide legal representation.