WAIVER OF TRIAL BY JURY FOLLOWING WAIVER OF COUNSEL

• NCJ Number: 34995
• Journal: Catholic University Law Review Volume: 25 Issue: 2 Dated: (WINTER 1976) Pages: 380-401
• Author(s): E E WRIGHT
• Date Published: 1976
• Length: 22 pages
• Corporate Author: Catholic University of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF THE SUPREME COURT DECISION IN FARETTA V CALIFORNIA (1975) WHICH HELD THAT A DEFENDANT IN A STATE CRIMINAL TRIAL HAS A CONSTITUTIONAL RIGHT TO WAIVE COUNSEL WHENEVER HE FREELY AND INTELLIGENTLY CHOOSES TO.

Abstract

THE DECISION IN FARETTA IS COMPARED WITH THE RULING IN SINGER V UNITED STATES (1965) WHICH HELD THAT A DEFENDANT IN A FEDERAL CRIMINAL CASE DOES NOT HAVE AN ABSOLUTE RIGHT TO WAIVE TRIAL BY JURY TO DETERMINE IF THE SINGER RULING REMAINS VIABLE TODAY. A DUE PROCESS ANALYSIS OF SINGER IS UNDERTAKEN, STUDYING THE FIFTH AND SIXTH AMENDMENT RIGHTS OF CRIMINAL DEFENDANTS. A REMEDY TO THE NON-SYMMETRICAL FARETTA AND SINGER RULINGS TO ALLOW THE GOVERNMENT NO ROLE IN THE DEFENDANT'S WAIVER OF RIGHTS IS PROPOSED.