Legal Research

U.S. Supreme Court Update: Indiana v. Edwards

By David Badertscher, PLL

Source: Supreme Court Update: A Service from the ABA Criminal Justice Section  June 19, 2008.

INDIANA v. EDWARDS

"The Supreme Court decided that criminal defendants with a history of mental illness do not always have the right to represent themselves, even if they have been judged competent to stand trial."

" 'We consequently conclude that the Constitution permits judges to take realistic account of the particular defendant's mental capacities by asking whether a defendant who seeks to conduct his own defense at trial is mentally competent to do so,' said Justice Stephen Breyer, who delivered the opinion of the court."

"The 7-2 decision allows states to give trial judges discretion to prevent an individual from acting as his own lawyer if they are concerned that the trial could turn into a mockery of the justice system."

" 'The Constitution permits States to insist upon representation by counsel for those competent enough to stand trial," Breyer wrote, "... but who still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves.' "

Justice Antonin Scalia, who along with Justice Clarence Thomas dissented, wrote that 'the Constitution does not permit a state to substitute its own perception of fairness for the defendant's right to make his own case before the jury.' "

"Click on the link below to access the full opinion. If you cannot click on the link, copy and paste it into your browser." http://www.supremecourtus.gov/opinions/07pdf/07-208.pdf

Full post as published by New York Supreme Court Criminal Term Library on June 19, 2008 (boomark / email).