FARETTA V CALIFORNIA - THE LAW HELPS THOSE WHO HELP THEMSELVES

• NCJ Number: 37537
• Journal: Hastings Law Journal Volume: 28 Issue: 1 Dated: (SEPTEMBER 1976) Pages: 283-303
• Author(s): P MILLER
• Date Published: 1976
• Length: 21 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE IMPLICATIONS OF THE US SUPREME COURT RULING IN FARETTA V CALIFORNIA (1975) WHICH UPHELD THE RIGHT OF THE ACCUSED TO CONDUCT HIS OWN DEFENSE FOLLOWING INTELLIGENT WAIVER OF THE RIGHT TO COUNSEL.

Abstract

THE AUTHOR IDENTIFIES AND EXAMINES EIGHT POTENTIAL PROBLEM AREAS WHICH MAY ACCOMPANY THE CONSTITUTIONAL RIGHT TO SELF-REPRESENTATION IN CRIMINAL CASES. AMONG THE EIGHT AREAS ARE THE STANDARD FOR DETERMINING ELIGIBILITY TO DEFEND IN PROPIA PERSONA, FORFEITURE OF THE RIGHT BY ABUSE OR MISCONDUCT, WAIVER OF THE RIGHT BY FAILURE TO ASSERT IT IN A TIMELY AND PROPER MANNER, AND LIMITATIONS TO INVOCATION OF THE RIGHT TO DEFEND IN PRO PER. ALSO INCLUDED ARE THE APPOINTMENT OF STANDBY COUNSEL TO ASSIST THE ACCUSED, A PRO PER DEFENDANT'S ABILITY TO APPEAL A CONVICTION ON THE GROUNDS OF INCOMPETENT REPRESENTATION, THE NECESSITY OF INFORMING ALL DEFENDANTS OF THEIR RIGHT TO PROCEED IN PRO PER, AND THE RIGHTS OF PRO PER DEFENDANTS TO PREPARATION TIME AND ACCESS TO LEGAL MATERIALS. PERTINENT CASE LAW, PARTICULARLY CALIFORNIA LAW, IS STUDIED FOR EACH POTENTIAL PROBLEM AREA.