What is the current state of the law on self-representation in criminal cases?
California, United States of America
The following excerpt is from People v. Sharp, 103 Cal.Rptr. 233, 499 P.2d 489, 7 Cal.3d 448 (Cal. 1972):
12 'The dilemma in which trial courts find themselves because of the requirement . . . is apparent. Cunning criminals consistently take advantage of it and all too often the demand for self-representation becomes a 'heads I win tails you lose' proposition. If the trial court too readily accedes to it an appellate court will find the waiver of the right to counsel to be ineffectual. Conversely, if the court leans over backwards in protecting the latter right, it runs the risk of depriving defendant of the former.' (People v. Addison (1967) 256 Cal.App.2d 18, 23, 24, 63 Cal.Rptr. 626, 629.)
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