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A defendant has to have legal representation in court. Otherwise it is simply not a fair trial. I can't think of another trial in history, that was done with absolutely no defence present in court. I don't think this sham of a trial could happen in any other country. I don't think this could happen in North Korea, I don't think it could happen Saudi Arabia. It's just a violation of US and international laws.
A defendant does not have to have legal representation at trial. He has to be offered legal representation. In this case, the defendant refused the offer.
Representing Yourself in a Criminal Trial
The case that established that defendants have a right to represent themselves was Faretta v. California, U.S. Sup. Ct. 1975. The Faretta case said that a judge must allow self-representation if a defendant is competent to understand and participate in the court proceedings.
You think? I just see a guy who committed a horrific act for apparently no real reason. I’d prefer he have effective counsel so this matter can be closed out ASAP for everyone involved. The verdict of the trial isn’t in question….dot all the i’s and cross all the t’s so we can move on.
A defendant does not have to have legal representation at trial. He has to be offered legal representation. In this case, the defendant refused the offer.
Representing Yourself in a Criminal Trial
The case that established that defendants have a right to represent themselves was Faretta v. California, U.S. Sup. Ct. 1975. The Faretta case said that a judge must allow self-representation if a defendant is competent to understand and participate in the court proceedings.
Most people can see that he is not competent to participate in the court proceedings. The judge can see that too. That's why she has removed him from the proceedings.
The judge's rulings make no sense. First she ruled that he was competent to participate in the court proceedings. Then she removed him from the courtroom, due to his incompetence.
Most people can see that he is not competent to participate in the court proceedings. The judge can see that too. That's why she has removed him from the proceedings.
The judge's rulings make no sense. First she ruled that he was competent to participate in the court proceedings. Then she removed him from the courtroom, due to his incompetence.
He was not removed for incompetence. He was removed for bad behavior. Personality disorders do not make someone incompetent. He is deploying behavior to try to stall the proceedings.
He was not removed for incompetence. He was removed for bad behavior. Personality disorders do not make someone incompetent. He is deploying behavior to try to stall the proceedings.
Yes, I do think the M'Naghten rule should apply to him, but I doubt it will be applied. What part of English common law would apply?
The settled right to confront one's accusers, for one.
Quote:
Originally Posted by andywire
Also the time when this thread was created is significant. The attack occurred about the time Kyle Rittenhouse was found not guilty, and many were expecting violence in response to that. Hence the reason I posted this thread here, since it seemed possible that it was a politically motivated attack.
Wasn't the guy in the middle of a domestic dispute before the incident? It sounds more like he snapped while in an emotional state.
Most people can see that he is not competent to participate in the court proceedings. The judge can see that too. That's why she has removed him from the proceedings.
The judge's rulings make no sense. First she ruled that he was competent to participate in the court proceedings. Then she removed him from the courtroom, due to his incompetence.
Let him wave off legal counsel, make a fool in court, and get off Scott free. You don’t think that would start a whole new trend, real $&@ quick? Gotta be smart about this charade.
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