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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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