§ 15.4 Capacity to Waive Rights

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 15.4 CAPACITY TO WAIVE RIGHTS

As discussed in § 15.3, the "capacity" to undergo a trial includes having the ability to rationally understand the charges and the process, as well as having the ability to make a rational decision about what rights to exercise or to waive.

A defendant who waives the right to a lawyer or who pleads guilty must be fit, and the waiver or plea, as always, must be voluntary and carefully scrutinized. The fitness standards for pleading guilty and for standing trial are the same. Godinez v. Moran, 509 US 389, 400-01, 113 S Ct 2680, 125 L Ed 2d 321 (1993).

A defendant must be fit to be sentenced. State v. Simon, 294 Or App 840, 864-66, 433 P3d 385 (2018), rev den, 365 Or 502 (2019).

Any report regarding capacity must include a conclusion regarding whether the defendant has the "[a]bility to make relevant decisions autonomously." OAR 309-090-0025(2)(a)(D).

...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT