If You Cannot Afford One...

In a landmark 1963 case, Gideon v. Wainwright, the Supreme Court rules that the "right to counsel" guaranteed by the Sixth Amendment applies to all defendants facing a felony charge. And, the court reasons, this constitutional right has no substance unless a lawyer is provided to those who cannot afford one. Up until this point, an indigent defendant has only been given a lawyer at the state's expense if facing a possible death sentence. Defense lawyers have often been absent from criminal trials, because the accused had no means by which to hire one.

The Gideon v. Wainwright ruling is retroactive — a rare occurrence. Thousands of inmates across the country will receive new trials with lawyers, and many will simply be released.