FARETTA AND THE PERSONAL DEFENSE - THE ROLE OF A REPRESENTED DEFENDANT IN TRIAL TACTICS

• NCJ Number: 42659
• Journal: California Law Review Volume: 65 Issue: 3 Dated: (MAY 1977) Pages: 636-685
• Author(s): R H Chused
• Date Published: 1977
• Length: 50 pages
• Corporate Author: University of California
• Publication Format: Article
• Language: English
• Country: United States of America

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