NCJ Number
34689
Journal
North Carolina Law Review Volume: 54 Issue: 4 Dated: (APRIL 1976) Pages: 705-714
Date Published
1976
Length
10 pages
Annotation
DISCUSSION OF THE SUPREME COURT RULING IN FARETTA V CALIFORNIA (1975) HOLDING THAT STATE CRIMINAL DEFENDANTS HAVE A CONSTITUTIONAL RIGHT TO CONDUCT THEIR OWN DEFENSES UPON A FREE AND KNOWING WAIVER OF ASSISTANCE OF COUNSEL.
Abstract
THE COURT HELD THAT NO STATE CAN CONSTITUTIONALLY REQUIRE A CRIMINAL DEFENDANT TO BE REPRESENTED BY AN ATTORNEY OVER THE DEFENDANT'S PROTESTATIONS. THE UNWAVERING PROTECTION AFFORDED BY THE FEDERAL COURTS TO THE RIGHT TO PROCEED PRO SE IN FEDERAL CRIMINAL TRIALS IS SURVEYED. THE EVOLUTION OF THE RIGHT TO PROCEED PRO SE FROM THE PERSPECTIVES OF THE ENGLISH COMMON LAW, COLONIAL JUDICIAL PRACTICES, AND THE HISTORICAL DEVELOPMENT OF THE SIXTH AMENDMENT IS ANALYZED. THE TENSION BETWEEN INDIVIDUAL AUTONOMY AND THE POTENTIAL UNFAIRNESS OF A CRIMINAL TRIAL IN WHICH THE DEFENDANT REPRESENTS HIMSELF IS EXAMINED. CASE LAW RELATED TO THE DEVELOPMENT OF THE RIGHT TO COUNSEL IS REVIEWED.