Question

in the Faretta vs. California case, how was the case impacted in the crimnal justice sytem?

Answer 1

Faretta v. California, was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.

The defendant Anthony Faretta was accused of grand theft in Los Angeles County, California. Before the trial began, the defendant requested permission to represent himself. Questioning by the judge revealed that he had once represented himself in a criminal case and that he believed that the public defender's office was under a heavy case load.

The judge warned him that he was making a mistake and emphasized that he would receive no special treatment. The judge entered a preliminary ruling allowing Faretta to represent himself, however stating that he might reverse his decision if it seemed that he was unable to adequately represent himself.

Several weeks later, but still before the trial, the judge initiated a hearing to inquire into Faretta's ability to defend himself. After questioning him on numerous topics, including hearsay and juries, the judge ruled that his answers were inadequate and he had not made an intelligent decision to waive counsel.

The California Court of Appeal, which relied on a recent California Supreme Court decision that had expressly decided the issue, ruled that Faretta had no federal or state right to represent himself. Appeal to the Supreme Court of California was denied.

In the opinion of the court by Justice Stewart, the Court held that a defendant in a state criminal trial has the constitutional right to refuse appointed counsel and conduct the trial when he or she voluntarily and intelligently elects to do so. However, such a defendant may not later complain that he received ineffective assistance of counsel. The defendant's answer to an indictment was not accepted unless it was signed by counsel. When counsel refused to sign the answer, for whatever reason, the defendant was considered to have confessed.