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Criminal Law

: Prevention Not Punishment

Coverage of Arguments in Indiana v. Edwards

By Kristin Houle

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Oral arguments in the U.S. Supreme Court case of Indiana v. Edwards took place yesterday, March 27, 2008. According to scotusblog, "The core issue in Indiana v. Edwards (07-208) is whether states are constitutionally free to require that accused individuals have a higher level of mental capacity to represent themselves than is required for them simply to be put on trial with a lawyer at their side. As the lawyer for the state pressed for a two-level standard, most of the Court reacted with skepticism, first, about how to define a workable two-level test, and, second, about how that would complicate actua ltrials. Underlying much of the oral argument was a deep perplexity over how to conduct fair trials for persons with sub-standard mental capacity...continue to full post

Full post as published by Prevention Not Punishment on March 27, 2008 (boomark / email).

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