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eBook details

• Title: Representational Competence: Defining the Limits of the Right to Self-Representation at Trial.
• Author : Notre Dame Law Review
• Release Date : January 01, 2011
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 475 KB

Description

In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decision-making ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decision-making. The Article develops and applies a normative theory of representational competence to evaluate particular problem-solving abilities in light of competing norms of self-representation. It concludes by proposing a representational competence standard. [A]s a human being, please, let me handle my own case. I know I don't know much about law, I don't know anything, but I know enough to get me through.

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