Earlier this month, the Supreme Court of North Carolina decided State v. Lane, a capital case involving the abduction, rape, and murder of a five-year-old girl. The defendant in Lane initially sought to represent himself, exercising the right of self-representation established in Faretta v. California, 422 U.S. 806 (1975) (holding that part of the right to counsel is the “constitutional right to proceed without counsel”). Lane reminded me that I’ve been meaning to post a few tidbits about self-representation. Terminology. According to Black’s Law Dictionary (9th ed. 2009), “pro se” means “on one’s own behalf” or “[o]ne who represents oneself in a court proceeding without the assistance of a lawyer.” The terms “pro per,” “propia persona,” and “in propia persona” all mean the same thing; “propria,” with an r, is sometimes substituted for “propia.” Scope of Right to Self-Representation. The right to self-representation applies regardless of the age or education of the defendant or the gravity of the charges. However, the United States Supreme Court has held that certain mentally ill defendants who are competent to stand trial may nonetheless be incapable of representing themselves; these defendants may not have a constitutional right to self-representation. Indiana v. Edwards, 554 U.S. 164 (2008). Procedure. By statute, before a defendant may represent himself, the trial judge must make a “thorough inquiry” and must be satisfied that the defendant understands (1) his right to counsel, (2) the consequences of representing himself, and (3) “the nature of the charges and proceedings and the range of [...]
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