Cite as: 535 U. S. 654 (2002)
Scalia, J., dissenting
the mere threat of imprisonment: "[T]he central premise of Argersinger—that actual imprisonment is a penalty different in kind from fines or the mere threat of imprisonment—is eminently sound and warrants adoption of actual imprisonment as the line defining the constitutional right to appointment of counsel." Id., at 373 (emphasis added). We have repeatedly emphasized actual imprisonment as the touch-stone of entitlement to appointed counsel. See, e. g., Glover v. United States, 531 U. S. 198, 203 (2001) ("any amount of actual jail time has Sixth Amendment significance" (emphasis added)); M. L. B. v. S. L. J., 519 U. S. 102, 113 (1996) ("right [to appointed counsel] does not extend to nonfelony trials if no term of imprisonment is actually imposed" (emphasis added)); Lassiter v. Department of Social Servs. of Durham Cty., 452 U. S. 18, 26 (1981) (the Court "has refused to extend the right to appointed counsel to include prosecutions which, though criminal, do not result in the defendant's loss of personal liberty" (emphasis added)).
Today's decision ignores this long and consistent jurisprudence, extending the misdemeanor right to counsel to cases bearing the mere threat of imprisonment. Respondent's 30-day suspended sentence, and the accompanying 2-year term of probation, are invalidated for lack of appointed counsel even though respondent has not suffered, and may never suffer, a deprivation of liberty. The Court holds that the suspended sentence violates respondent's Sixth Amendment right to counsel because it "may 'end up in the actual deprivation of [respondent's] liberty,' " ante, at 658 (emphasis added), if he someday violates the terms of probation, if a court determines that the violation merits revocation of probation, Ala. Code § 15-22-54(d)(1) (1995), and if the court determines that no other punishment will "adequately protect the community from further criminal activity" or "avoid depreciating the seriousness of the violation," § 15-22- 54(d)(4). And to all of these contingencies there must yet
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