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Mental Illness And Self-Representation: Faretta, Godinez And Edwards, Christopher Slobogin
Mental Illness And Self-Representation: Faretta, Godinez And Edwards, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the recent decision of Indiana v. Edwards the Supreme Court held that the right to represent oneself may be denied to defendants who are competent to stand trial if they "still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves." Edwards was a surprise, given the Court's holding 15 years earlier in Godinez v. Moran that Nevada courts did not err when they permitted a mentally ill person who had been found competent to stand trial to waive the right to counsel, plead guilty and waive the presentation of …
The Death Penalty In Florida, Christopher Slobogin
The Death Penalty In Florida, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article summarizes the findings and recommendations of the ABA Death Penalty Moratorium Implementation Project's Florida Assessment Team, which I chaired. Relying on an analysis of caselaw, studies, news reports, and interviews, the article describes significant flaws in Florida's death penalty law and practice in nine areas: the police investigative process; the analysis of scientific evidence; the conduct of prosecutors; the qualifications, reimbursement and competence of defense attorneys; the decision-making process of judges; the structure and decision-making process of capital sentencing juries; clemency; the system's reaction to the race of the victim; and the treatment of people with mental disability. …