Cite as: 535 U. S. 654 (2002)
Scalia, J., dissenting
sense" to limit today's decision to the question presented (the constitutionality of imposing a suspended sentence on uncounseled misdemeanants) and to avoid a question not presented (the constitutionality of the "procedures that will precede its activation"). Ante, at 667.
Although the Court at one point purports to limit its decision to suspended sentences imposed on uncounseled misdemeanants in States, like Alabama, that offer only "minimal procedures" during probation revocation hearings, see ante, at 668, n. 5, the text of today's opinion repudiates that limitation. In answering the question we asked amicus to address—whether "the Sixth Amendment permit[s] activation of a suspended sentence upon the defendant's violation of the terms of probation"—the Court states without qualification that "it does not." Ante, at 662. Thus, when the Court says it "doubt[s]" that any procedures attending the reimposition of the suspended sentence "could satisfy the Sixth Amendment," ante, at 668, n. 5, it must be using doubt as a euphemism for certitude.
The Court has no basis, moreover, for its "doubt." Surely the procedures attending reimposition of a suspended sentence would be adequate if they required, upon the defend-ant's request, complete retrial of the misdemeanor violation with assistance of counsel. By what right does the Court deprive the State of that option? 2 It may well be a sensible
2 The Court asserts that pretrial probation, which its opinion permits, is the "functional equivalent" of post-trial probation with later retrial if the suspended sentence is to be activated. Even if that were so, I see no basis for forcing the State to employ one "functional equivalent" rather than the other. But in fact there is nothing but the Court's implausible speculation to support the proposition that pretrial probation will "yiel[d] a similar result," ante, at 671. That would certainly be a curious coincidence, inasmuch as pretrial probation has the quite different purpose of conserving prosecutorial and judicial resources by forgoing trial. See, e. g., 3a U. S. Dept. of Justice, United States Attorneys' Manual § 9-22.000 (1988); H. Abadinsky, Probation and Parole: Theory and Practice 348-349 (3d ed. 1987) (pretrial probation programs "use the fact that an arrest has
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