NCJ Number
36818
Journal
Capital University Law Review Volume: 5 Issue: 2 Dated: (1976) Pages: 277-291
Date Published
1976
Length
15 pages
Annotation
REVIEW OF THE SUPREME COURT DECISION IN FARETTA V CALIFORNIA (1975) WHICH HELD THAT A DEFENDANT HAS THE RIGHT TO CONDUCT HIS OWN DEFENSE AFTER AN INTELLIGENT WAIVER OF THE RIGHT TO COUNSEL.
Abstract
THE RATIONALE UNDERLYING THE DECISION INCLUDED THE INCORPORATION OF THE RIGHT TO DEFEND PRO SE IN THE US CODE AND 36 STATE CONSTITUTIONS, HISTORICAL ANALYSIS OF THE RIGHTS TO DEFEND WITH AND WITHOUT COUNSEL, AND RESOLUTION OF THE CONFLICT BETWEEN PRO SE DEFENSE AND THE RIGHT TO A FAIR TRIAL. THE AUTHOR EXAMINES THE NEW DILEMMA FOR TRIAL JUDGES TO BALANCE THE DEFENDANT'S CONSTITUTIONAL RIGHT TO SELF-REPRESENTATION AND THE DEMANDS OF DUE PROCESS AND THE INTEREST OF THE STATE IN A FAIR TRIAL AND JUST RESULT. THE USE OF COURT-APPOINTED ADVISORY COUNSEL BY PRO SE DEFENDANTS AND THE DEFENDANT'S ACKNOWLEDGED RIGHT TO LEGAL ASSISTANCE OF COUNSEL ARE ALSO DISCUSSED. IT IS CONCLUDED THAT THE APPOINTMENT OF ADVISORY COUNSEL PROTECTS THE INTERESTS OF BOTH DEFENDANT AND STATE.