NCJ Number
32938
Journal
Southwestern Law Journal Volume: 29 Issue: 5 Dated: (WINTER 1975-76) Pages: 971-978
Date Published
1976
Length
8 pages
Annotation
IN THIS 1975 DECISION, THE SUPREME COURT HELD THAT IMPLIED IN THE SIXTH AMENDMENT IS AN INDEPENDENT CONSTITUTIONAL RIGHT OF SELF-REPRESENTATION WHICH A DEFENDANT MAY EXERCISE.
Abstract
THE COURT, HOWEVER, REQUIRED THAT WAIVER OF THE RIGHT TO COUNSEL HAD TO BE MADE KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY. THIS CASE NOTE DISCUSSES THE HISTORICAL ROLE OF SELF-REPRESENTATION AND PRIOR CASE LAW AS TO ITS STATUS AS A CONSTITUTIONAL RIGHT. THE AUTHOR SUGGESTS THAT IN RECOGNIZING A CONSTITUTIONAL RIGHT OF SELF-REPRESENTATION, THE SUPREME COURT LEAVES MUCH TO SPECULATION AS TO ITS PRACTICAL IMPLEMENTATION AND OVERALL EFFECT UPON THE QUALITY OF JUSTICE TO BE ACHIEVED WHERE SUCH RIGHT IS ASSERTED.