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6 Seton Hall Const. L.J. 483 (1995-1996)
The Sixth Amendment Right to Shoot Oneself in the Foot: An Assessment of the Guarantee of Self-Representation Twenty Years after Faretta

handle is hein.journals/shclj6 and id is 493 raw text is: THE GUARANTEE OF SELF-REPRESENTATION THE SIXTH AMENDMENT RIGHT TO SHOOT ONESELF IN THE FOOT: AN ASSESSMENT OF THE GUARANTEE OF SELF-REPRESENTATION TWENTY YEARS AFTER FARETTA John F. Decker* I. INTRODUCTION ......................... 485 II. THE CONSTITUTIONAL RIGHT TO SELF-REPRESENTATION .................. 490 A. HISTORICAL OVERVIEW .................. 490 B. SIXTH AMENDMENT IMPLIED RIGHT: THE FORESHADOWING BY FARETTA .......... 492 C. THE TRIAL COURT'S ADMONISHMENTS AND OTHER DUTIES WHEN FACED WITH A PRO SE DEFENDANT ................... 498 1. ADMONISHMENTS REGARDING THE RIGHT TO ASSISTANCE OF COUNSEL AND ADMONISHMENTS REGARDING THE RIGHT TO SELF-REPRESENTATION: A QUESTIONABLE DICHOTOMY ....................500 2. ACKNOWLEDGING THE DEFENDANT'S INVOCATION OF THE RIGHT TO PROCEED PRO SE ............. 504 3. ADMONISHMENTS REGARDING THE DANGERS AND DISADVANTAGES OF PROCEEDING PRO SE ............... 510 4. COMPETENCY TO STAND TRIAL AND COMPETENCY TO PROCEED PRO SE: THE COURT TAKES A MONOLITHIC APPROACH, BUT REALLY, DOES MICHAEL JORDAN PLAY MOZART..? .................. 517 III. LIMITATIONS ON THE RIGHT TO SELF-REPRESENTATION .................. 523 *Professor of Law, DePaul University College of Law. J.D., 1970, Creighton University School of Law; LL.M., 1971, J.S.D., 1979, New York University School of Law. The author wishes to acknowledge the excellent support of his Research Assistants, Carey Decker, Margaret Larrea, Eric Liebman, Erica MacDonald, Deborah Mills, Jessica Penkower and Donna Sternicki. 1996

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