What is a defendant's right to dispense with the assistance of counsel and to represent himself at trial?

California, United States of America


The following excerpt is from People v. Salazar, 141 Cal.Rptr. 753, 74 Cal.App.3d 875 (Cal. App. 1977):

Unlike the right to the assistance of counsel, the right to dispense with such assistance and to represent oneself is guaranteed not because it is essential to a fair trial but because the defendant has a personal right to be a fool. This right is afforded the defendant despite the fact that its exercise will almost surely result in detriment to both the defendant and the administration of justice. (People v. McDaniel, 16 Cal.3d 156, 164-166, 127 Cal.Rptr. 467, 545 P.2d 843.) It would be fundamentally unwise to impose a requirement that the court advise or suggest to a defendant this procedure which is likely to be to no one's benefit.

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