Faretta v. California
Encyclopedia
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States
held that criminal defendant
s have a constitutional right to refuse counsel and represent themselves
in state criminal proceedings.
in Los Angeles County, California
. Well before the trial
began, the defendant requested permission to represent himself. After an admonition, the court granted his request, but later reversed the ruling and required a public defender
to conduct the trial on the defendant's behalf. The jury convicted
the defendant. The judgment was affirmed by the Court of Appeal, and the Supreme Court of California
denied review. The U.S. Supreme Court granted a petition for writ of certiorari.
, saying "the Star Chamber has, for centuries, symbolized disregard of basic individual rights. The Star Chamber not merely allowed, but required, defendants to have counsel. The defendant's answer to an indictment was not accepted unless it was signed by counsel. When counsel refused to sign the answer, for whatever reason, the defendant was considered to have confessed."
where he questioned the additional procedural problems that would inevitably arise by the decision, arguing that such procedural problems would far outweigh whatever tactical advantage the defendant may feel he has gained by electing to represent himself. Blackmun concludes with the following: "If there is any truth to the old proverb 'one who is his own lawyer has a fool for a client,' the Court by its opinion today now bestows a constitutional right on one to make a fool of himself."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that criminal defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s have a constitutional right to refuse counsel and represent themselves
Pro se legal representation in the United States
Pro se legal representation means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase...
in state criminal proceedings.
Facts of the case
The defendant Anthony Faretta was accused of grand theftGrand theft
Grand theft or grand larceny is a category used to rank the severity of crime associated with theft.Generally, in the United States it is defined as intentional taking property of others in an amount exceeding the state statutory amount....
in Los Angeles County, California
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
. Well before the trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
began, the defendant requested permission to represent himself. After an admonition, the court granted his request, but later reversed the ruling and required a public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
to conduct the trial on the defendant's behalf. The jury convicted
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
the defendant. The judgment was affirmed by the Court of Appeal, and the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
denied review. The U.S. Supreme Court granted a petition for writ of certiorari.
Opinion of the court
In the opinion of the court by Justice Stewart, the Court held that a defendant in a state criminal trial has the constitutional right to refuse appointed counsel and conduct the trial when he or she voluntarily and intelligently elects to do so. However, such a defendant may not later complain that he received ineffective assistance of counsel. The court brought analogies to the Star ChamberStar Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
, saying "the Star Chamber has, for centuries, symbolized disregard of basic individual rights. The Star Chamber not merely allowed, but required, defendants to have counsel. The defendant's answer to an indictment was not accepted unless it was signed by counsel. When counsel refused to sign the answer, for whatever reason, the defendant was considered to have confessed."
Dissents
Justice Blackmun wrote a dissentDissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
where he questioned the additional procedural problems that would inevitably arise by the decision, arguing that such procedural problems would far outweigh whatever tactical advantage the defendant may feel he has gained by electing to represent himself. Blackmun concludes with the following: "If there is any truth to the old proverb 'one who is his own lawyer has a fool for a client,' the Court by its opinion today now bestows a constitutional right on one to make a fool of himself."
See also
- List of United States Supreme Court cases, volume 422
- List of criminal competencies
- Frendak v. United StatesFrendak v. United StatesFrendak v. United States, 408 A.2d 364 is a landmark case in which United States Court of Appeals for the District of Columbia Circuit decided that a judge could not impose an insanity defense over the defendant's objections.-Circumstances:...