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Article: Fourteenth Amendment - the standard of mental competency to waive constitutional rights versus the competency standard to stand trial. (Supreme Court Review) (Case Note)
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- January 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In Godinez v. Moran,(1) the United States Supreme Court held that due process does not require a higher competency standard for pleading guilty or waiving the right to an attorney than the standard for competency to stand trial. The Court first concluded that the decision to plead guilty is no more difficult than the sum total of the many decisions required of a defendant who pleads not guilty during the course of a trial.(2) The Court then concluded that the decision to waive counsel requires a mental capacity no higher than that required in the decision to waive the constitutional rights that a defendant forgoes when he elects to plead ...
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