HOME

TheInfoList



OR:

''Rock v. Arkansas'', 483 U.S. 44 (1987), was a
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court held that criminal defendants have a constitutional right to testify on their own behalf. The right of a person to represent oneself in a court of law had been recognized for a very long time prior to this case. This right has been established by both legislative enactments and judicial rulings alike. An 1864 appropriations act allowed defendants to testify for themselves. The right of a criminal defendant to represent oneself had already been recognized by courts prior to this case. In ''
Faretta v. California ''Faretta v. California'', 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and Pro se legal representation in the United States, represent t ...
'', the United States Supreme Court held that criminal defendants are constitutionally free to decline or reject professional lawyers as legal representation in state-level courts as well as to serve as their own legal counsels in such trials. In that case, the Court noted the lengthy history of the right by stating: The movement in favor of allowing defendants to testify for themselves was popular, but its critics worried that it would destroy the
presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present com ...
because of the perception that someone who is innocent of a crime would certainly speak to defend themselves and a person who is guilty of a crime would certainly not do so. This perception is inaccurate because a defendant's past becomes broadly admissible as evidence when they take the stand, so testifying may be against their interests. For example, when an individual with a criminal record testifies in their own trial, that past record can be presented to persuade the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
that they are the kind of person who would have done what they are accused of in the present. In a sense, the critics' worries have come to pass because relevant scholarship indicates that there is a measurable difference between the conviction rates of factually-innocent people whenever they do testify or they do not testify. Juries tend to convict criminal defendants who choose to testify for themselves at higher rates; likewise, juries tend to acquit criminal defendants who decline to testify for themselves.


See also

*''
Johnson v. Zerbst ''Johnson v. Zerbst'', 304 U.S. 458 (1938), was a United States Supreme Court case, in which the petitioner, Johnson, had been convicted in federal court of feloniously possessing, uttering, and passing counterfeit money in a trial where he had not ...
'' (1938) *''
Betts v. Brady ''Betts v. Brady'', 316 U.S. 455 (1942), was a landmark United States Supreme Court case that denied counsel to indigent defendants prosecuted by a state. The reinforcement that such a case is not to be reckoned as denial of fundamental due proce ...
'' (1942) *'' Hoyt v. Florida'' (1961) *''
Gideon v. Wainwright ''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable ...
'' (1963) *''
Sheppard v. Maxwell ''Sheppard v. Maxwell'', 384 U.S. 333 (1966), was a United States Supreme Court case that examined a defendant's right to a fair trial as required by the Sixth Amendment and the due process clause of the Fourteenth Amendment. In particular, ...
'' (1966) *'' Bruton v. United States'' (1968) *'' Apodaca v. Oregon'' (1972) *'' Johnson v. Louisiana'' (1972) *''
Argersinger v. Hamlin ''Argersinger v. Hamlin'', 407 U.S. 25 (1972), is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel. ''Gideon v. Wainwright'' made the right to counsel provided ...
'' (1972) *''
Barker v. Wingo ''Barker v. Wingo'', 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial. The Court held that determination ...
'' (1972) *''
Taylor v. Louisiana ''Taylor v. Louisiana'', 419 U.S. 522 (1975), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court which held that women could not be excluded from a ''venire'', or jury duty, jury pool, on the basi ...
'' (1975) *''
Faretta v. California ''Faretta v. California'', 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and Pro se legal representation in the United States, represent t ...
'' (1975) *'' Bounds v. Smith'' (1977) *'' Scott v. Illinois'' (1979) *'' Godinez v. Moran'' (1993) *''
Apprendi v. New Jersey ''Apprendi v. New Jersey'', 530 U.S. 466 (2000), is a landmark United States Supreme Court decision with regard to aggravating factors in crimes. The Court ruled that the Sixth Amendment right to a jury trial, incorporated against the states th ...
'' (2000) *'' Martinez v. Court of Appeal of California, Fourth Appellate District'' (2000) *'' Alabama v. Shelton'' (2002) *''
Crawford v. Washington ''Crawford v. Washington'', 541 U.S. 36 (2004), is a landmark United States Supreme Court decision that reformulated the standard for determining when the admission of hearsay statements in criminal cases is permitted under the Confrontation Claus ...
'' (2004) *''
Blakely v. Washington ''Blakely v. Washington'', 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than t ...
'' (2004) *'' Davis v. Washington'' (2006) *''
Indiana v. Edwards ''Indiana v. Edwards'', 554 U.S. 164 (2008), was a United States Supreme Court case in which the Court held that the standard for competency to stand trial was not linked to the standard for competency to represent oneself. Background Prior juris ...
'' (2008) *'' Melendez-Diaz v. Massachusetts'' (2009) *''
Michigan v. Bryant ''Michigan v. Bryant'', 562 U.S. 344 (2011), was a Supreme Court of the United States, United States Supreme Court case in which the Court further developed the "primary purpose" test to determine whether statements are "testimonial" for Confrontat ...
'' (2011) *'' Bullcoming v. New Mexico'' (2011) *''
Alleyne v. United States ''Alleyne v. United States'', 570 U.S. 99 (2013), was a United States Supreme Court case that decided that, in line with '' Apprendi v. New Jersey'' (2000), all facts that increase a mandatory minimum sentence must be submitted to and found true ...
'' (2013) *'' Peña-Rodriguez v. Colorado'' (2017) *''
Ramos v. Louisiana ''Ramos v. Louisiana'', 590 U.S. ___ (2020), was a U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment to the U.S. Constitution requires that guilty verdicts for criminal trials be unanimous. Only cases in Oregon and Lo ...
'' (2020)


References


External links

* {{Sixth Amendment, counsel, state=expanded 1987 in United States case law United States Fourth Amendment case law United States Fifth Amendment self-incrimination case law United States Fourteenth Amendment case law United States Supreme Court cases United States Supreme Court cases of the Rehnquist Court