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NCJRS Abstract

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NCJ Number: 34689 Find in a Library
Title: CRIMINAL PROCEDURE - THE RIGHT TO PROCEED PRO SE JUDICIAL GYMNASTICS WITH THE SIXTH AMENDMENT
Journal: NORTH CAROLINA LAW REVIEW  Volume:54  Issue:4  Dated:(APRIL 1976)  Pages:705-714
Author(s): M S IVES
Corporate Author: University of North Carolina
United States of America
Date Published: 1976
Page Count: 10
Sponsoring Agency: University of North Carolina
Chapel Hill, NC 27514
Format: Article
Language: English
Country: United States of America
Annotation: DISCUSSION OF THE SUPREME COURT RULING IN FARETTA V CALIFORNIA (1975) HOLDING THAT STATE CRIMINAL DEFENDANTS HAVE A CONSTITUTIONAL RIGHT TO CONDUCT THEIR OWN DEFENSES UPON A FREE AND KNOWING WAIVER OF ASSISTANCE OF COUNSEL.
Abstract: THE COURT HELD THAT NO STATE CAN CONSTITUTIONALLY REQUIRE A CRIMINAL DEFENDANT TO BE REPRESENTED BY AN ATTORNEY OVER THE DEFENDANT'S PROTESTATIONS. THE UNWAVERING PROTECTION AFFORDED BY THE FEDERAL COURTS TO THE RIGHT TO PROCEED PRO SE IN FEDERAL CRIMINAL TRIALS IS SURVEYED. THE EVOLUTION OF THE RIGHT TO PROCEED PRO SE FROM THE PERSPECTIVES OF THE ENGLISH COMMON LAW, COLONIAL JUDICIAL PRACTICES, AND THE HISTORICAL DEVELOPMENT OF THE SIXTH AMENDMENT IS ANALYZED. THE TENSION BETWEEN INDIVIDUAL AUTONOMY AND THE POTENTIAL UNFAIRNESS OF A CRIMINAL TRIAL IN WHICH THE DEFENDANT REPRESENTS HIMSELF IS EXAMINED. CASE LAW RELATED TO THE DEVELOPMENT OF THE RIGHT TO COUNSEL IS REVIEWED.
Index Term(s): Defense counsel; Defense preparation; Judicial decisions; Right to counsel; Rights of the accused
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=34689

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