Faretta v. California 422 U.S. 806 (1975)

AuthorBarbara Allen Babcock
Pages974

Page 974

In Faretta the Supreme Court reversed the conviction of a defendant forced to accept the services of a public defender in a FELONY case, holding that the Sixth Amendment guarantees the right to self-representation when a defendant "knowingly and intelligently" requests it.

This is a major decision about the WAIVER OF CONSTITUTIONAL RIGHTS because the argument of the state and the dissent was that society has an interest in a FAIR TRIAL, independent of the defendant's desires. Recognition of such an interest would necessarily mean that the trial judge must have discretion to reject even a knowing and intelligent waiver of the RIGHT TO COUNSEL.

Standby counsel may be appointed over the defendant's objection to aid him should he request help at the trial, or...

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