NCJ Number
42659
Journal
California Law Review Volume: 65 Issue: 3 Dated: (MAY 1977) Pages: 636-685
Date Published
1977
Length
50 pages
Annotation
IN FARETTA V CALIFORNIA (1975), THE U.S. SUPREME COURT HELD THAT CRIMINAL DEFENDANTS HAVE A CONSTITUTIONAL RIGHT TO CONDUCT THEIR OWN DEFENSE. THIS ARTICLE EXAMINES A PERIPHERAL RIGHT OF THAT DECISION.
Abstract
THE AUTHOR FOCUSES ON THE COURT'S SIXTH AMENDMENT ANALYSIS IN FARETTA, AND ARGUES THAT FARETTA IMPELS TRIAL COURTS TO PERMIT DEFENDANTS TO CONTROL THE TACTICAL COURSE OF THEIR TRIALS EVEN WHEN REPRESENTED BY COUNSEL. A PROPOSAL FOR A FRAMEWORK FOR IMPLEMENTING A JOINT ATTORNEY-CLIENT PRESENTATION OF THE DEFENSE IS PRESENTED. (AUTHOR ABSTRACT MODIFIED)...EB