Running head: ARTICLE CRITIQUE PAPER ABOUT THE AMERICAN COURT SYSTEM
Article Critique Paper about the American Court System
The article ‘Competency to stand trial and to waive the Sixth Amendment Right to Self-Representation’ explores the mechanisms through defendants in the American court can claim self representation. Ordinarily, in the American Court system any criminal suspect has the right to counsel, which is provided for under the Sixth Amendment Right. In order to prove this, the article use the Edward v. State case (866 N.E. 2d 252/Ind.2007) decided by the Indiana Supreme Court (Benitez & Chamberlain, 2008). The case fundamentally sparks interest on the validity of an accused to appeal for self representation based on the prevailing circumstances.
The Edward v. State case leads to the development of a legal tussle to justify self representation as part of the accused’s constitutional rights. After undergoing evaluation by two psychiatrists, Ahmad Edwards got diagnosed with schizophrenia and as a result a declaration was taken …show more content…
The outcome of the Edward v. State case recognizes the risks involved in giving sufficient freedom to the defendant due to the probability that this may be applied to their advantage during trial. Hence, by citing mental instability through a series of tests, and the follow up decision to deny Edward self representation the state falls within its legal mandate to exercise such discretion. Moreover, the state plays an overarching role in protecting the national interests given the jurisdiction Court judges have been given with regard to the prosecution of criminal cases similar to Edward v.