To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This chapter examines the discourse around Faretta waivers in capital cases. Under the US law, criminal defendants, even in capital cases, may decline assistance of counsel and represent themselves at trial as long as their choice is made intelligently and knowingly with ‘eyes open’, similar to the legal standard applied in Miranda decisions. Despite their significant impact on trial fairness, the language of Faretta warnings has not received sufficient attention. By analyzing written Faretta warnings and hearings discussing defendants’ decisions in a sample of California capital cases, this chapter shows that, as in Miranda, linguistic complexity and ritualistic approach to checking comprehension may inhibit defendants’ understanding of their legal options. In both waiver contexts, complex closed questions lead to insufficient assurance of laypersons’ true comprehension of legal waivers, obstructing defendants’ access to justice and reducing the reliability of the proceedings. This initial study recommends further interdisciplinary research on the discourse and practices of Faretta warnings to guide improvements and enhance truly informed choices.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.