In 1975 the United States Supreme Court ruled that an individual on trial for a crime had the right to act as his/her own attorney, so long as the choice was made with knowledge of the potential consequences.
The United States Supreme Court in Indiana v. Edwards (07-208) upheld that right BUT allows the states to have one standard of mentally competency for putting a mentally impaired person on trial, and a higher standard that such a person would have to meet in order to be allowed self-representation. Ahmad Edwards had been found competent to be put on trial, but not to represent himself.
What is unclear, though, is what the higher standard is for representing one’s self when mental competency is at issue.
The decision in Edwards was 7-2 and even the dissenters, Justices Scalia and Thomas, recognized that the Faretta right to self-representation is in no danger of reversal in the immediate future, if ever.
Do you think this right should apply in capital cases where to err is to possibly lead to death?
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