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The answer to the question of when will council be provided has varied through out history and through out jurisdictions. The most significant early decision regarding that question was Powell v. Alabama in 1932. To better understand the situation of the case one must understand the context of the time the case took place. 1932 was a time of hardship and racism. Powell v. Alabama was an extremely public case which outraged many people because it involved nine black men who were accused of raping two white women on train near Scottsboro, Alabama. Considering the circumstances of the time, the young illiterate black males, who where not from Alabama, stood little to no chance as it was. To further reduce their chances of acquittal they were inadequately provided with defense council. Although some attorneys consulted the men in jail, they did nothing more which left the jailed men, with no communication to their families, only confused. On the date of trial, a concerned attorney from Tennessee represented the first three men; however, he was unprepared as lead council which led to the men bing found guilty. The men were sentenced to death until the Supreme Court overturned the case on the basis that the defendants were inadequately provided with defense council.
The case set new precedent which was soon challenged by future cases such as the case of Betts v. Brady in 1942 which resulted in the decision that council is required only under special circumstances, and not in every criminal case.
In a similar case, Gideon v. Wainwright raised the issue of when council should be provided by the government for free. The result of that case stated that in certain criminal cases defendants in Florida are afforded the right to free council if they are unable to pay for it themselves. The truth of the matter is that the Gideon v. Wainwright decision opened the door to future defendants who were unable to afford their own attorney.
