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Criminal Law

: Grits for Breakfast

SCOTUS worried about wrong 'spectacle' when prosecuting mentally ill defendants

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Having focused so much on the Rothgery and Kennedy cases in recent days, I failed to update readers on the outcome of another SCOTUS case I've been waiting on, Indiana v. Edwards. The US Supreme Court last week declared by a 7-2 majority (see the opinion) that mentally ill defendants can be denied the right to represent themselves in court. Essentially SCOTUS said that just because someone is "competent" to stand trial doesn't mean they're competent to exercise their other rights as a free person under the US Constitution. In other words, it's possible to be competent enough to have your liberty curtailed, but simultaneously incompetent to be the person who explains why that shouldn't happen. According to the New York Times, Justice Stephen Breyer's decision emphasized the "spectacle" of letting mentally ill people pontificate on their own behalf in open court: Noting that the court has referred to the right to self-representation as an aspect of individual dignity, Justice Breyer said dignity was lacking in the ?spectacle that could well result? from a mentally ill defendant?s efforts, which he said were ?at least as likely to prove humiliating as ennobling...continue to full post

Full post as published by Grits for Breakfast on June 27, 2008 (boomark / email).

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