Self-Representation and Pretrial Allegations of Ineffective Assistance of Counsel
A Comprehensive Analysis of Faretta and Nelson Issues in Florida
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The Sixth Amendment of the United States Constitution guarantees effective assistance of counsel to each individual charged with a crime. It has been said that, of all rights guaranteed to an accused person, the right to counsel is the most significant. However, "[t]o thrust counsel upon a defendant, against his considered wish, violates the logic of the Sixth Amendment of the United States Constitution, which guarantees rights necessary to a full defense, including the implied right to self-representation." Because of this right to decline counsel, in the absence of unusual circumstances, an accused who is mentally competent has the right to conduct his or her own defense. Allegations by a defendant that he or she is not receiving effective assistance of counsel, as well as requests for self-representation, are stressful events in today’s criminal courtrooms - events which are happening with more and more frequency. A defendant may understandably feel alarmed if he or she believes stellar representation is not being provided when liberty is at stake. As a result, the defendant may wish to exert more control over the presentation of the defense, and may believe that he or she will fare better proceeding without counsel even though lacking in legal knowledge and skill. In response, the prosecutor may be concerned about the prospect of a criminal defendant cross-examining an already traumatized victim, and about being perceived by the jury as a "bully" when making objections during trial. On the other side, defense attorneys may be unfamiliar with the exact nature of their responsibilities if appointed to act as standby counsel - one of the hybrid self-representation options discussed in Chapter Three. In the middle of this, the trial judge is sure to be frustrated at having to protect what may be perceived as conflicting interests: the defendant’s right to a fair trial and the right to self-representation. "An overprotective judge who refuses to allow a defendant to jeopardize his own defense may be reversed, [] and a judge who does not make a copious inquiry into the thought process[es] of the accused (which may themselves be characterized as trial strategy) is subject to an appeal[.]" This book is designed to assist all those affected by pretrial allegations of ineffective assistance of counsel and requests for self-representation. The goal is to clarify the responsibilities of the prosecutor, the defense attorney and the trial judge when these issues arise.
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About the Book
Complaints about the quality of legal representation, as well as requests for self-representation, are occurring with increasing frequency in today’s criminal courtrooms. These twin areas of law have developed hand in hand and have gone through a somewhat convoluted evolution in Florida. The intricate nature of these issues, and the sometimes conflicting efforts at refinement and clarification by Florida’s appellate courts, have resulted in frustrated trial judges, confused prosecutors, and bewildered defense attorneys. Self-Representation and Pretrial Allegations of Ineffective Assistance of Counsel is designed to present a clear and comprehensive analysis of these so-called "Nelson" and "Faretta" issues in Florida. It is the perfect courtroom manual for those on both sides of the aisle who regularly engage in the practice of criminal law in Florida.
About the Author
Angela D. McCravy graduated magna cum laude with a B.S. degree in criminal justice from Georgia State University in 1983. Ten years later she graduated with honors from Stetson University College of Law in Gulfport, Florida with a juris doctor degree. Formerly a staff attorney for the criminal division judges in Florida’s Sixth Judicial Circuit, Ms. McCravy currently lives in Daytona Beach, Florida, where she is an assistant attorney general in the criminal law division of Florida’s Office of the Attorney General. She practices regularly in the Fifth District Court of Appeal and the Florida Supreme Court, and has also been admitted to practice in the Middle District of Florida and the United States Supreme Court. Ms. McCravy has previously published articles and lectured on Faretta and Nelson issues. This is her first book.