"A fool for a client?" Mental illness and the right of self-representation

Psychiatr Serv. 2008 Oct;59(10):1096-8. doi: 10.1176/ps.2008.59.10.1096.

Abstract

Does the Constitution require a trial court to allow an obviously impaired man to represent himself? This column discusses the recent U.S. Supreme Court decision in Indiana v. Edwards, which allows states to limit a defendant's right to self-representation when the individual lacks the mental capacity to conduct a trial defense unless represented. Previous cases bearing on the decision are discussed, including Dusky v. U.S. in 1960, which set the standard for competence to stand trial; Faretta v. California in 1975, which established the right of criminal defendants to represent themselves; and Godinez v. Moran in 1993, which upheld the Dusky standard for trial-related competence.

Publication types

  • Legal Case

MeSH terms

  • Decision Making
  • Humans
  • Lawyers
  • Mental Competency*
  • Mental Disorders*
  • Self Efficacy*
  • United States