As a result, the Court ruled by a 7-2 vote that states may insist that mentally ill defendants be represented by counsel when “they are not competent to conduct trial proceedings by themselves.”
Justice Stephen Breyer said the traditional test for competence to stand trial — the ability to consult with counsel and to assist in preparing the defense — does not weigh the additional skills needed to represent oneself. Someone competent to stand trial, Breyer wrote, may nonetheless “be unable to carry out the basic tasks needed to present his own defense without the help of counsel.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
