Alabama v. Shelton
Encyclopedia
Alabama v. Shelton, 535 U.S. 654, decided by the Supreme Court
on May 20, 2002, upheld the Alabama
State Supreme Court
's ruling that counsel (a lawyer
) must be provided for the accused in order to impose a suspended prison sentence.
assault
, which, in Alabama, is a misdemeanor and carries a maximum sentence of one year in prison and a $2,000 fine. The court repeatedly warned Shelton of the dangers of representing himself during the trial, yet failed to offer him counsel. He represented himself both in the local court, where he was convicted, and the Alabama Circuit Court
, where he was also convicted. However, the Circuit Court gave Shelton a 30-day suspended sentence
and 2 years' probation.
The Criminal Court of Appeals found that it was not compulsory to offer the defendant counsel for a suspended sentence because the sentence did not result in actual confinement.
The Supreme Court of Alabama stated that: (1) a defendant may not be sentenced to a term of imprisonment absent provision of counsel; and (2) for purposes of this rule, a suspended sentence constitutes a "term of imprisonment," even though incarceration is not immediate or inevitable.
The United States Supreme Court affirmed the Supreme Court of Alabama's decision.
"It is not true that only those criminal proceedings result-ing in immediate actual imprisonment trigger an indigent defendant's right to state-appointed counsel under the Federal Constitution's Sixth Amendment, for (1) no person may be imprisoned for any offense unless the person was represented by counsel at trial; and (2) the Sixth Amendment inquiry trains on the stage of the proceed-ings where the defendant's guilt is adjudicated, eligibility for imprisonment established, and prison sentence de-termined."
"...does the Sixth Amendment permit activation of a suspended sentence upon the defendant's violation of the terms of probation? We conclude that it does not. A suspended sentence is a prison term imposed for the offense of conviction."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on May 20, 2002, upheld the Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
State Supreme Court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
's ruling that counsel (a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
) must be provided for the accused in order to impose a suspended prison sentence.
The Case
Shelton was accused of third-degreeThird degree
-Third degree:* Third degree , colloquially an intensive rough interrogation* The degree of Master Mason in Freemasonry, often written as 3°* In USA law, the least serious of the three classifications of felonies such as murder or burglary...
assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
, which, in Alabama, is a misdemeanor and carries a maximum sentence of one year in prison and a $2,000 fine. The court repeatedly warned Shelton of the dangers of representing himself during the trial, yet failed to offer him counsel. He represented himself both in the local court, where he was convicted, and the Alabama Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
, where he was also convicted. However, the Circuit Court gave Shelton a 30-day suspended sentence
Suspended sentence
A suspended sentence is a legal term for a judge's delaying of a defendant's serving of a sentence after they have been found guilty, in order to allow the defendant to perform a period of probation...
and 2 years' probation.
The Criminal Court of Appeals found that it was not compulsory to offer the defendant counsel for a suspended sentence because the sentence did not result in actual confinement.
The Supreme Court of Alabama stated that: (1) a defendant may not be sentenced to a term of imprisonment absent provision of counsel; and (2) for purposes of this rule, a suspended sentence constitutes a "term of imprisonment," even though incarceration is not immediate or inevitable.
The United States Supreme Court affirmed the Supreme Court of Alabama's decision.
Quotes from the United States Supreme Court Ruling
"A suspended sentence that may end up in the actual deprivation of a person's liberty may not be imposed unless the defendant was accorded the guiding hand of counsel in the prosecution for the crime charged.""It is not true that only those criminal proceedings result-ing in immediate actual imprisonment trigger an indigent defendant's right to state-appointed counsel under the Federal Constitution's Sixth Amendment, for (1) no person may be imprisoned for any offense unless the person was represented by counsel at trial; and (2) the Sixth Amendment inquiry trains on the stage of the proceed-ings where the defendant's guilt is adjudicated, eligibility for imprisonment established, and prison sentence de-termined."
"...does the Sixth Amendment permit activation of a suspended sentence upon the defendant's violation of the terms of probation? We conclude that it does not. A suspended sentence is a prison term imposed for the offense of conviction."