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Identify the constitutional provision that is common in both Benton v. Maryland (1969) and either Gideon v. Wainwright (1963) or Roe v. Wade (1973).

Answer :

Final answer:

The constitutional provision common to both Benton v. Maryland and Gideon v. Wainwright is the right to legal counsel.


Explanation:

The constitutional provision common to both Benton v. Maryland (1969) and Gideon v. Wainwright (1963) is the right to legal counsel. In both cases, the U.S. Supreme Court interpreted the Sixth Amendment of the United States Constitution, which guarantees the right to counsel in criminal cases. In Benton v. Maryland, the Court held that the right to counsel was applicable to state criminal trials through the Fourteenth Amendment's due process clause. In Gideon v. Wainwright, the Court held that the right to counsel must be provided to defendants who cannot afford an attorney.


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