faretta california argued november decided june sixth amendment made applicable fourteenth guarantees defendant state criminal trial independent constitutional right may proceed defend without counsel voluntarily intelligently elects case state courts erred forcing petitioner accept public defender denying request conduct defense pp vacated remanded stewart delivered opinion douglas brennan white marshall powell joined burger filed dissenting opinion blackmun rehnquist joined post blackmun filed dissenting opinion burger rehnquist joined post jerome falk appointment argued cause petitioner briefs roger hanson howard schwab deputy attorney general california argued cause respondent brief evelle younger attorney general jack winkler chief assistant attorney general clark moore assistant attorney general russell iungerich donald oeser deputy attorneys general john thorne pro se filed brief amicus curiae justice stewart delivered opinion sixth fourteenth amendments constitution guarantee person brought trial state federal must afforded right assistance counsel validly convicted punished imprisonment clear constitutional rule emerged series cases decided last years question us whether defendant state criminal trial constitutional right proceed without counsel voluntarily intelligently elects stated another way question whether state may constitutionally hale person criminal courts force lawyer upon even insists wants conduct defense easy question concluded state may constitutionally anthony faretta charged grand theft information filed superior los angeles county cal arraignment superior judge assigned preside trial appointed public defender represent faretta well date trial however faretta requested permitted represent questioning judge revealed faretta represented criminal prosecution high school education want represented public defender believed office loaded heavy case load judge responded believed faretta making mistake emphasized proceedings faretta receive special favors nevertheless establishing faretta wanted represent want lawyer judge preliminary ruling accepted faretta waiver assistance counsel judge indicated however might reverse ruling later appeared faretta unable adequately represent several weeks thereafter still prior trial judge sua sponte held hearing inquire faretta ability conduct defense questioned specifically hearsay rule state law governing challenge potential jurors consideration faretta answers observation demeanor judge ruled faretta made intelligent knowing waiver right assistance counsel also ruled faretta constitutional right conduct defense judge accordingly reversed earlier ruling permitting appointed public defender represent faretta faretta subsequent request leave act cocounsel rejected efforts make certain motions behalf throughout subsequent trial judge required faretta defense conducted appointed lawyer public defender office conclusion trial jury found faretta guilty charged judge sentenced prison california appeal relying upon california decision expressly decided issue affirmed trial judge ruling faretta federal state constitutional right represent accordingly appellate affirmed faretta conviction petition rehearing denied without opinion california denied review granted certiorari ii federal courts right protected statute since beginnings nation section judiciary act stat enacted first congress signed president washington one day sixth amendment proposed provided courts parties may plead manage causes personally assistance counsel right currently codified exceptions several also accords defendant right represent criminal case constitutions explicitly confer right moreover many state courts expressed view right also supported constitution indicated view adams ex rel mccann recognized sixth amendment right assistance counsel implicitly embodies correlative right dispense lawyer help defendant case indicted federal mail fraud violations insisted conducting defense without benefit counsel also requested bench trial signed waiver right trial jury prosecution consented waiver jury waiver accepted defendant convicted appeals reversed conviction ground person accused felony competently waive right trial jury except upon advice lawyer reversed reinstated conviction holding accused exercise free intelligent choice considered approval may waive trial jury likewise may competently intelligently waive constitutional right assistance counsel adams case course necessarily resolve issue us held constitution force lawyer upon defendant whether constitution forbids state forcing lawyer upon defendant different question adams recognize albeit dictum affirmative right right assistance counsel correlative right dispense lawyer help legal formalisms rest considerations go substance accused position law contrived protections accused turned fetters deny accused choice procedure circumstances though layman capable lawyer making intelligent choice impair worth great constitutional safeguards treating empty verbalisms administration criminal law hedged constitutional safeguards protection accused deny exercise free choice right dispense safeguards imprison man privileges call constitution emphasis added courts appeals repeatedly held right protected bill rights plattner appeals second circuit emphasized sixth amendment grants accused rights confrontation compulsory process witnesses favor assistance counsel minimum procedural requirements federal criminal prosecutions right assistance counsel concluded intended supplement rights defendant impair absolute primary right conduct one defense propria persona found support decision language federal statute statutes rules governing criminal procedure see fed rule crim proc many state constitutions expressly guarantee recognition right adams price grounds appeals held implicit fifth amendment guarantee due process law implicit also sixth amendment guarantee right assistance counsel right accused personally manage conduct defense criminal case see also ex rel maldonado denno mackenna ellis sternman lowe warner haslam compare dougherty app intimating right constitutional finding unnecessary reach issue brown app plurality opinion stating right statutory nature past recognition right authority holding right constitutional dimension state constitutions pointing right fundamental nature form consensus easily ignored mere fact path beaten one justice jackson observed persuasive reason following confront nearly universal conviction part people well courts forcing lawyer upon unwilling defendant contrary basic right defend truly wants iii consensus soundly premised right finds support structure sixth amendment well english colonial jurisprudence amendment emerged sixth amendment includes compact statement rights necessary full defense criminal prosecutions accused shall enjoy right informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence sixth amendment provide merely defense shall made accused grants accused personally right make defense accused counsel must informed nature cause accusation must confronted witnesses must accorded compulsory process obtaining witnesses favor although stated amendment many words right make one defense personally thus necessarily implied structure amendment right defend given directly accused suffers consequences defense fails counsel provision supplements design speaks assistance counsel assistant however expert still assistant language spirit sixth amendment contemplate counsel like defense tools guaranteed amendment shall aid willing defendant organ state interposed unwilling defendant right defend personally thrust counsel upon accused considered wish thus violates logic amendment case counsel assistant master right make defense stripped personal character upon amendment insists true defendant chooses lawyer manage present case law tradition may allocate counsel power make binding decisions trial strategy many areas cf henry mississippi brookhart janis fay noia allocation justified however defendant consent outset accept counsel representative unwanted counsel represents defendant tenuous unacceptable legal fiction unless accused acquiesced representation defense presented defense guaranteed constitution real sense defense sixth amendment naturally read thus implies right reading reinforced amendment roots english legal history long history british criminal jurisprudence one tribunal ever adopted practice forcing counsel upon unwilling defendant criminal proceeding tribunal star chamber curious institution flourished late early centuries mixed executive judicial character characteristically departed traditions reasons specialized trying political offenses star chamber centuries symbolized disregard basic individual rights star chamber merely allowed required defendants counsel defendant answer indictment accepted unless signed counsel counsel refused sign answer whatever reason defendant considered confessed stephen commented procedure something specially repugnant justice using rules practice manner debar prisoner defending especially professed object rules used provide defense stephen history criminal law england star chamber swept away revolutionary fervor long parliament notion obligatory counsel disappeared common law time representation counsel practice prosecutions serious crime one time every litigant required appear person conduct cause words right counsel developed early civil cases cases misdemeanor prohibition assistance counsel continued centuries prosecutions felony treason thus centuries accused felon traitor stood alone neither counsel benefit rights notice confrontation compulsory process associate genuinely fair adversary proceeding trial merely long argument prisoner counsel crown harsh seems least prisoner allowed make statements liked obviously public oral trial presented many opportunities prisoner secret enquiry based written depositions continent taken place trial treason act began long important era reform english criminal procedure statute granted accused traitor rights copy indictment witnesses testify oath make full defense counsel learned law also provided appointment counsel accused desired thus new rights developed accused retained established right make statements liked right counsel viewed guaranteeing choice representation counsel traditional practice ban counsel felony cases substantially eroded courts finally eliminated statute recent years parliament provided appointment counsel serious criminal cases accused request point process reform england counsel ever forced upon defendant rule succinctly stated woodward evidently always person charged criminal offence counsel forced upon see halsbury laws england pp ed maybury american colonies insistence upon right anything fervent england colonists brought appreciation virtues traditional distrust lawyers colonies first settled lawyer synonymous cringing crown arbitrary justices king bent conviction opposed king prerogatives twisting law secure convictions prejudice gained strength colonies distrust lawyers became institution several colonies prohibited pleading hire century prejudice persisted century lower classes came identify lawyers upper class years revolution confederation saw upsurge antilawyer sentiment sudden revival war revolution old dislike distrust lawyers class heat sentiments constitution forged say colonies slow recognize value counsel criminal cases colonial judges soon departed ancient english practice allowed accused felons aid counsel defense time however basic right never questioned found instance colonial required defendant criminal case accept representative unwanted lawyer indeed even counsel permitted general practice continued right guaranteed many colonial charters declarations rights early documents establish right counsel meant colonists right choose pleading lawyer representing oneself declaration independence right along rights basic making defense entered new state constitutions wholesale fashion right counsel clearly thought supplement primary right accused defend utilizing personal rights notice confrontation compulsory process colonies newly independent provided statute rather constitution appointment counsel criminal cases also meticulously preserved right accused defend personally recognition right limited state lawmakers noted judiciary act signed one day sixth amendment proposed guaranteed federal courts right parties plead manage causes personally assistance counsel stat see time james madison drafted sixth amendment state constitutions guaranteed accused right heard counsel others provided accused allowed counsel various state proposals bill rights similar variations terminology case however counsel provision embedded package defense rights granted personally accused indication differences phrasing counsel reflected differences principle state colony ever forced counsel upon accused spokesman ever suggested practice tolerable much less advisable anyone thought sixth amendment drafted failed protect right undoubtedly debate comment issue none sum evidence colonists framers ever doubted right imagined right might considered inferior right assistance counsel contrary colonists framers well english ancestors always conceived right counsel assistance accused used option defending framers selected sixth amendment form words necessarily implies right conclusion supported centuries consistent history iv blinking fact right accused conduct defense seems cut grain decisions holding constitution requires accused convicted imprisoned unless accorded right assistance counsel see powell alabama johnson zerbst gideon wainwright argersinger hamlin surely true basic thesis decisions help lawyer essential assure defendant fair trial strong argument surely made whole thrust decisions must inevitably lead conclusion state may constitutionally impose lawyer upon even unwilling defendant one thing hold every defendant rich poor right assistance counsel quite another say state may compel defendant accept lawyer want value counsel unappreciated founders yet notion compulsory counsel utterly foreign whatever else may said wrote bill rights surely doubt understood inestimable worth free choice undeniable criminal prosecutions defendants better defend counsel guidance unskilled efforts defendant voluntarily accept representation counsel potential advantage lawyer training experience realized imperfectly force lawyer defendant lead believe law contrives moreover inconceivable rare instances defendant might fact present case effectively conducting defense personal liberties rooted law averages right defend personal defendant lawyer state bear personal consequences conviction defendant therefore must free personally decide whether particular case counsel advantage although may conduct defense ultimately detriment choice must honored respect individual lifeblood law illinois allen brennan concurring accused manages defense relinquishes purely factual matter many traditional benefits associated right counsel reason order represent accused must knowingly intelligently forgo relinquished benefits johnson zerbst cf von moltke gillies plurality opinion black although defendant need skill experience lawyer order competently intelligently choose made aware dangers disadvantages record establish knows choice made eyes open adams ex rel mccann weeks trial faretta clearly unequivocally declared trial judge wanted represent want counsel record affirmatively shows faretta literate competent understanding voluntarily exercising informed free trial judge warned faretta thought mistake accept assistance counsel faretta required follow ground rules trial procedure need make assessment well poorly faretta mastered intricacies hearsay rule california code provisions govern challenges potential jurors voir dire technical legal knowledge relevant assessment knowing exercise right defend forcing faretta circumstances accept public defender california courts deprived constitutional right conduct defense accordingly judgment us vacated case remanded proceedings inconsistent opinion ordered footnotes judge informed faretta going follow procedure going ask questions right objection form question properly taken going sustained going treat like gentleman going respect going give every chance going play ground rules anybody plays know ground rules know ground rules lawyer know ground rules gets tries lot cases done colloquy follows faretta matter brought back reconsideration whether continue represent getting along research defendant bad honor last night put mail motion clerk within next day two preparing intricacies trial matter defendant well honor hoping case possibly disposed ayers informed yesterday policy hear pretrial motions time trial possible honor like date set soon deems adequate receive motion sometime trial let see research many exceptions hearsay rule defendant well hearsay rule guess called best evidence rule honor several exceptions case law actual statutory law feel none challenges jury cause defendant well twelve peremptory challenges many cause defendant well many deems valid grounds challenging juror cause defendant well numerous grounds challenge witness mean juror honor one juror perhaps suffered victim type offense might prejudiced toward defendant substantial ground might make juror prejudice toward defendant anything else defendant well relative perhaps victim taken look code section see defendant challenge juror yes defendant yes honor done code section defendant voir diring jury honor yes defendant aware section right offhand code defendant well research done challenging witkins jurisprudence looked codes see various things taken defendant honor looked california codes reference trial procedure defendant yes honor codes defendant done extensive research penal code honor civil code done extensive research tell defendant empaneling jury honor yes defendant well district attorney defendant defense counsel right peremptory challenges jury challenges undisputable reason defense prosecution feel juror inadequate try case rule case may discharge juror valid challenge due grounds prejudice grounds considered peremptory challenges numerous defendant defense prosecution right make inquiry jury feelings toward case judge concluded aking consideration recent case people versus sharp defendant apparently constitutional right represent finds ends justice requirements due process require prior order permitting defendant represent pro per hereby revoked privilege terminated faretta also urged without success entitled counsel choice three times moved appointment lawyer public defender motions denied people sharp cal sharp tried california constitution expressly provided accused criminal prosecution right appear defend person counsel cal art earlier decision california held language meant accused right appear counsel people mattson cal view rejected sharp california holding defendant criminal prosecution right state federal constitution represent trial see generally kamisar lafave israel modern criminal procedure ed note western rev note hastings comment crim although immaterial decision shortly sharp decided appeal california constitution amended delete right art empower legislature expressly require defendant felony case assistance counsel new statutes face require counsel capital cases see cal penal code supp capital cases accused retains statutory terms right appear defend person counsel however language tracks old language art california constitution construing constitutional language sharp exclude right former art state constitution california also stated provide right appeal also held trial abused discretion concluding faretta made knowing intelligent waiver right represented counsel since faretta appear aware possible consequences waiving opportunity skilled experienced representation trial california courts conclusion faretta constitutional right represent made context following unusual rules california criminal procedure indigent criminal defendant right appointed counsel choice see drumgo superior cal people miller cal people massie cal people taylor cal app cal rptr appointed counsel manages lawsuit final say matters trial strategy see people williams cal people foster cal people monk cal see generally rhay browder california conviction reversed grounds ineffective assistance counsel except extreme case quality representation poor render trial farce sham people ibarra cal see people miller supra people floyd cal people hill cal people reeves cal see mackreth wilson app cappetta state dist ct app lockard state idaho people nelson blanton state ind westberry state allen commonwealth mass people haddad state mcghee neb zasada state super people mclaughlin state pritchard state hollman state thomlinson state penderville utah state woodall app see generally anderson wharton criminal law procedure grant accused right heard defend person counsel ariz art ark art colo art conn art del art idaho art ill art ind art const bill rights mo art mont art nev art pt art art art art ohio art okla art ore art pa art art tenn art utah art vt art wis art see la art others grant right defend person counsel const bill rights mass pt art neb art wash art still others provide accused right defend either counsel ala art fla art art miss art art tex art see lockard state supra people nelson supra blanton state supra zasada state supra people mclaughlin supra state mems state verna app holding adams reaffirmed different context carter illinois adverted right neither historic conception due process vitality derives progressive standards justice denies person right defend confess guilt appropriate circumstances constitution requires counsel tendered require circumstances counsel forced upon defendant emphasis added see also moore michigan jackson full faith credit lawyer clause constitution rev gideon wainwright argersinger hamlin right counsel pointer texas right confrontation washington texas right compulsory process see also oliver often recognized constitutional stature rights though literally expressed document essential due process law fair adversary process accepted example accused right present stages trial absence might frustrate fairness proceedings snyder massachusetts testify behalf see harris new york brooks tennessee cf ferguson georgia convicted guilt proved beyond reasonable doubt winship mullaney wilbur inference rights course mechanical exercise singer held accused right bench trial despite capacity waive right jury trial holding stated ability waive constitutional right ordinarily carry right insist upon opposite right statement made concluded constitution affirmatively protect right tried judge recognizing implied right must arise independently design history constitutional text searched find indication colonists considered ability waive jury trial equal importance right demand one instead locate isolated instances right trial judge concluded clear departures common law ibid follow approach singer concern independent right suggest right arises mechanically defendant power waive right assistance counsel see supra contrary right must independently found structure history constitutional text result sever concept counsel historic roots first lawyers personal friends litigant brought might take counsel pleading pollock maitland history english law ed similarly first attorneys personal agents often lacking professional training appointed litigants secured royal permission carry affairs representative rather personally star chamber efficient somewhat arbitrary arm royal power height career days tudor stuart kings star chamber stood swiftness power competitor common law much limitation reminder high state policy safely entrusted system chancy english law friedman history american law see generally holdsworth history english law proceedings star chamber began bill engrossed parchment filed clerk must like pleadings signed counsel however counsel obliged careful signed put hands merely frivolous pleas otherwise misbehaved conduct cases liable rebuke suspension fine imprisonment holdsworth supra counsel therefore cautious pleadings signed unduly offend crown see stephen history criminal law england presented merely hypothetical risk accused stephen gives following account criminal libel trial star chamber william prynne informed book called histrio mastix prynne answer amongst things book licensed one counsel holbourn apologised without good cause style trial like star chamber proceedings perfectly decent quiet sentence described monstrous sentenced disbarred deprived university degrees stand twice pillory one ear cut time fined perpetually imprisoned without books pen ink paper five years prynne bastwick burton tried libel sentenced punishment prynne received prynne branded cheeks instead losing ears procedure case appears harsh sentence severe though think much noticed star chamber defendants allowed counsel required get answers signed counsel effect rule probably object defence put counsel take responsibility signing responsibility time extremely serious counsel sign defendant answer taken confessed information prynne answer character one counsel assigned refused sign sign till proper time bastwick get one sign answer burton answer signed counsel set aside impertinent upon whole case taken admitted three judgment passed accordingly stephen supra pollock maitland supra ibid see also stephen supra trial begin accusations counsel crown prisoner usually asked granted privilege answering separately matter alleged trial became series excited altercations prisoner different counsel opposed every statement counsel operated question prisoner prisoner either admitting denying explaining alleged result examination prisoner essence trial answers regulated production evidence argument proceeded counsel crown frequently allege matters prisoner denied called upon prove proof usually given reading depositions confessions accomplices letters like matter fully inquired presiding judge repeated summed jury matters alleged prisoner answers given jury gave verdict holdsworth supra right call witnesses oath extended felony cases statute anne stat statute provided pertinent part accused shall received admitted make full defence counsel learned law make proof produce lawful witness witnesses shall upon oath defence behalf case person persons accused indicted shall desire counsel person persons shall tried judge shall hereby authorized required immediately upon request assign person persons many counsel exceeding two person persons shall desire counsel shall free access seasonable hours law usage contrary notwithstanding holdsworth supra mary blandy murder trial example declared counsel defendant speak points law raised defense also examine defense witnesses crown tr later century judges often allowed counsel accused instruct questions ask even ask questions respect matters fact law blackstone commentaries statute provided pertinent part accused shall admitted close case prosecution make full answer defence thereto counsel learned law attorney courts attornies practise counsel see poor prisoners defence act edw poor prisoners defense act geo legal aid advice act geo counsel appointed defendant woodward withdrew shortly trial trial appointed substitute counsel defendant objected rather legal aid rather conduct case trial insisted however defendant proceed trial counsel conviction resulted appeal crown even attempt deny basic right argued right waived accused accepted first counsel appeal rejected argument prisoner right beginning trial said wished defend refused think right make case jury instead made counsel held injustice prisoner although good deal evidence prisoner quashed conviction warren history american bar boorstin americans colonial experience example massachusetts body liberties art provided every man findeth himselfe unfit plead owne cause shall libertie imploy man doth except helpe provided give noe fee reward paines warren supra example zephaniah swift one first american colonial treatises law made clear right counsel recognized connecticut wrote never admitted cruel illiberal principle common law england man trial life shall refused counsel denied means defence allowed trifling pittance property question flimsy pretence counsel prisoner heighten indignation practice apparent least consideration never furnish person accused crime advice assistance necessary make defence ancestors first enacted laws respecting crimes influenced illiberal principles imbibed native country denied counsel prisoners plead thing points law manifest much necessity counsel investigate matters fact points law truth discovered swift system laws state connecticut see see massachusetts body liberties art supra similarly concessions agreements west new jersey provided cases civil criminal person persons shall compelled fee attorney councillor plead cause persons free liberty plead cause please pennsylvania frame government perhaps influential colonial documents protecting individual rights schwartz bill rights documentary history hereinafter schwartz provided courts persons persuasions may freely appear way according manner personally plead cause unable friends article ix pennsylvania declaration rights guaranteed hat prosecutions criminal offences man hath right heard council vermont declaration rights art protected right virtually identical language georgia constitution art lviii declared provisions barring unauthorized practice law intended exclude person inherent privilege every freeman liberty plead cause massachusetts declaration rights art xii provided accused right heard counsel election new hampshire bill rights art xv affirmed right accused fully heard defence counsel delaware constitution art preserved right language modeled art ix pennsylvania declaration rights similarly georgia included constitution art iii provision protected right accused defend counsel state constitutions express literal terms right documents granted defense rights accused personally phrased right counsel fashion imply existence antecedent liberty see del declaration rights right allowed counsel md declaration rights art xix right allowed counsel art xvi criminals privileges counsel prosecutors art xxxiv shall allowed counsel founders believed basic right free people underlying belief antilawyer sentiment populace also natural law thinking characterized revolution spokesmen see kauper higher law rights man revolutionary society lecture american enterprise institute public policy research series american revolution extracted law school law quadrangle notes example thomas paine arguing support pennsylvania declaration rights said either party natural right plead cause right consistent safety therefore retained parties may able therefore civil right pleading proxy council appendage natural right thomas paine bill rights reprinted schwartz statutes providing appointment counsel request accused enacted delaware laws state delaware adams pennsylvania stats large pennsylvania busch south carolina laws province south carolina trott appointment also practice connecticut latter part century appointment apparently sometimes made even accused failed request counsel appeared need lawyer indication appointment ever made objection accused see swift supra appointment remained rule new republic emerged see statute new hampshire laws new hampshire melcher statute new jersey acts nineteenth general assembly state new jersey see counsel provisions supra ratifying constitution three urged provision added way amendment virginia north carolina proposed virtually identical packages defendant rights including provision accused allowed counsel schwartz package proposed new york provided accused assistance council defense idea proposing amendments upon ratification begun pennsylvania dissenters ratification whose proposed package defendant rights provided accused right heard counsel seen madison precise formulation right assistance counsel defence varied phrasing proposals available debates various proposals throw light significance interpretation congress attributed right counsel beaney right counsel american courts stated justice sutherland powell alabama even intelligent educated layman small sometimes skill science law charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible lacks skill knowledge adequately prepare defense even though perfect one requires guiding hand counsel every step proceedings without though guilty faces danger conviction know establish innocence true men intelligence much true ignorant illiterate feeble intellect case civil criminal state federal arbitrarily refuse hear party counsel employed appearing reasonably may doubted refusal denial hearing therefore due process constitutional sense see supra colonial appointment statutes predate sixth amendment federal law provided appointment counsel capital cases request accused early stat see amdt freedom choice stranger constitutional design procedural protections defendant criminal proceeding example criminal defendant privileged testify defense refuse harris new york see brooks tennessee ferguson georgia cf brown told many criminal defendants representing may use courtroom deliberate disruption trials right recognized beginnings federal law result thereby occurred moreover trial judge may terminate defendant deliberately engages serious obstructionist misconduct see illinois allen course state may even objection accused appoint standby counsel aid accused accused requests help available represent accused event termination defendant necessary see dougherty app right license abuse dignity courtroom neither license comply relevant rules procedural substantive law thus whatever else may may open appeal defendant elects represent thereafter complain quality defense amounted denial effective assistance counsel see supra see supra chief justice burger justice blackmun justice rehnquist join dissenting case like herring new york post announced today another example judicial tendency constitutionalize thought good effort fails terms nothing desirable useful permitting every accused person even uneducated inexperienced insist upon conducting defense criminal charges moreover constitutional basis holding add problems already malfunctioning criminal justice system therefore dissent striking feature opinion devotes little discussion matter concedes core decision discerning independent basis constitution supposed right represent oneself criminal trial see ante ultimate assertion right tucked lines sixth amendment contradicted amendment language consistent judicial interpretation seems recognize ante conclusion rights guaranteed sixth amendment personal accused reflects nothing obvious fact trial therefore need defense neither nearly trivial proposition language amendment speaks uniformly mandatory terms leads conclusion right counsel merely supplementary may dispensed whim accused rather decisions consistently included right counsel integral part bundle making larger right defense know example oliver reversed summary contempt conviction hands grand jury say hold failure afford petitioner reasonable opportunity defend charge false evasive swearing denial due process law person right reasonable notice charge opportunity heard defense right day basic system jurisprudence rights include minimum right examine witnesses offer testimony represented counsel reason hardly requires explanation fact matter extraordinarily small number cases accused lose whatever defense may undertakes conduct trial opinion powell alabama puts point eloquently even intelligent educated layman small sometimes skill science law charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible lacks skill knowledge adequately prepare defense even though perfect one requires guiding hand counsel every step proceedings without though guilty faces danger conviction know establish innocence true men intelligence much true ignorant illiterate feeble intellect short spirit logic sixth amendment every person accused crime shall receive fullest possible defense vast majority cases command honored means expressly guaranteed right counsel trial judge best position determine whether accused capable conducting defense true freedom choice society interest seeing justice achieved vindicated trial retains discretion reject attempted waiver counsel insist accused tried according constitution discretion critical element basic fairness trial judge discretion decline accept plea guilty see santobello new york ii attempt support result collecting dicta prior decisions persuasive analysis sixth amendment considered context cases upon relies beat path either lead nowhere point precisely opposite direction adams ex rel mccann carter illinois defendants competently waived counsel later sought renounce actions taken proceeding pro se cases upheld convictions holding neither uncounseled waiver jury trial uncounseled guilty plea inherently defective constitution language carefully excises opinions relates affirmative right consequences waiver adams example justice frankfurter careful point reference defendant correlative right dispense lawyer help meant may waive constitutional right assistance counsel see warner recognizes power waive constitutional right carry right insist upon opposite singer similarly carter opinion observed constitution require circumstances counsel forced upon defendant citing adams emphasis added one find statement impossible square present holding accused absolutely entitled dispense lawyer help conditions thus although adams carter support conclusion defendant represents may thereafter disaffirm deliberate trial decisions see ante provide comfort regarding primary issue case far nearly point price johnston held although courts appeals possess power command prisoner produced argue appeal exercise power matter sound judicial discretion examination whole reasoning point instructive discretionary nature power question grows fact prisoner absolute right argue appeal even present proceedings appellate absence right sharp contrast constitutional prerogative present person significant stage felony prosecution recognized privilege conducting defense trial lawful incarceration brings necessary withdrawal limitation many privileges rights retraction justified considerations underlying penal system among limited otherwise unqualified right given judicial code parties courts plead manage causes personally citations omitted appeals cases relied upon likewise dubious authority views one cases plattner even attempted reasoned analysis issue decision case largely based upon misreading adams price perpetuates opinion today see every case cited ante courts appeals assumed right constitutionally based found right violated affirmed conviction review highly questionable whether holdings even establish law circuits came short represents road reality constitutional trail blazing first time today one even hinted previous decisions far interpretation sixth amendment perversion provision gave full meaning gideon wainwright argersinger hamlin iii like justice blackmun hesitate participate attempt use history take legal analysis piecing together shreds english legal history early state constitutional statutory provisions without full elaboration context occurred evidence relied upon drafters federal constitution creates questions answers hardly provides firm foundation upon creation new constitutional rights rest well reminded employed exhaustive analysis english colonial practices regarding right counsel justify conclusion fundamental fair trial less years later used essentially material conclude compare powell alabama betts brady illustrate point single historical fact cited appear truly relevant ascertaining meaning sixth amendment proves much points ante judiciary act provided statutory right federal criminal trials text sixth amendment expressly provides right counsel proposed day judiciary act signed hardly suggested members congress number unfamiliar amendment carefully structured language discussion since constitutional convention remarkable suggest right conduct one defense considered critical require constitutional protection left implication rather traditional canons construction inclusion right judiciary act omission constitutional amendment drafted time many men supports conclusion omission intentional way reconcile idea sixth amendment impliedly guaranteed right accused conduct defense contemporaneous action congress passing statute explicitly giving right sixth amendment created right unnecessary congress enact statute subject case therefore history lead judges conclude constitution leaves judgment legislatures flexible process statutory amendment question whether criminal defendants permitted conduct trials pro se see betts brady supra fact hinted contrary view years surely entitled weight scales cf jackman rosenbaum iv society right expect courts find new rights implied constitution potential effect upon resources criminal justice system considered however considerations conspicuously absent opinion case hardly needs repeating courts levels already handicapped unsupplied demand competent advocates result often takes far longer complete given case experienced counsel require assume widespread exercise newly discovered constitutional right almost certainly follow added congestion courts quality justice suffer moreover blandly assumes accused elected defend bound choice heard complain later ante assumption ignores role appellate review reported cases replete instances convicted defendant relieved deliberate decision even made advice counsel see silber totally unrealistic therefore suggest accused always held consequences decision conduct defense unless may case persons accused crime wit insist upon dubious benefit confers today expect many expensive prosecutions nullified appeal reasons trial courts deprived power prevent absent statute giving right believe trial courts discretion constitution insist upon representation counsel interests justice require however note record support characterization case one occurred although requested initially granted permission proceed pro se petitioner expressed dissatisfaction lawyer represented alleged defense impaired lawyer refused honor suggestions regarding trial conducted words use phrase petitioner never contended defense fully presented instances overbearing ineffective counsel dealt without contriving broad constitutional rules dubious validity deliberately view properly declines characterize case one defendant denied fair trial see herring new york post rehnquist dissenting attempt derive support position fact sixth amendment speaks terms assistance counsel requires little comment curious suggest accused exercises right assistance thereby impliedly consented subject master ante counsel responsibility client role litigation vary depending upon whether accused preferred represent indeed portion quotation warns turning constitutional protections fetters refers right trial jury right counsel see adams ex rel mccann course squarely held constitutional right dispense jury singer relevant snyder massachusetts reference case accused power supersede lawyers simply helped explain defense might made easier permitted present examination jurors summing counsel justice cardozo opinion made plain right rooted considerations fundamental fairness distinguished conferred confrontation clause see present reliance snyder dicta therefore misplaced see supra fact congress retained statutory right suggests also assumed sixth amendment guarantee right see damage anticipate defendant ill advised insistence conducting defense may mitigated appointing qualified lawyer sit case traditional friend foreclose option see ante justice blackmun chief justice justice rehnquist join dissenting today holds sixth amendment guarantees every defendant state criminal trial right proceed without counsel whenever elects find textual support conclusion language sixth amendment find historical evidence relied upon unpersuasive especially light recent history criminal procedure finally fear right constitutionalized today frequently cause procedural confusion without advancing significant strategic interest defendant therefore dissent starting point course language sixth amendment criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence argued right assistance counsel necessarily carries right waive assistance counsel recognizes however ante squarely rejected mechanical interpretation bill rights chief justice warren speaking unanimous singer stated ability waive constitutional right ordinarily carry right insist upon opposite right sixth amendment one find right according necessarily implied structure amendment ante chain inferences delicate deserves scrutiny starts proposition sixth amendment compact statement rights necessary full defense ante proposition concludes sixth amendment constitutionalizes right adversary criminal trial make defense know ibid point least general proposition reasoning unexceptionable however concludes specific rights sixth amendment personal accused accused must right exercise rights personally stated somewhat succinctly reasons accused personal right defense know necessarily right make defense personally disagree although believe specific guarantees sixth amendment personal accused agree sixth amendment guarantees particular procedural method asserting rights accused enjoyed speedy trial impartial jury informed nature accusation confronted witnesses afforded power compulsory process represented effectively competent counsel see sixth amendment requires suggests thrusting counsel upon accused considered wish violates logic sixth amendment counsel assistant master seeks support conclusion historical analogy notorious procedures star chamber potential exaggerated analogy however markedly diminished one recalls petitioner seeking absolute right case defense counsel wishes defendant inadequate consultation adopted trial strategy significantly affects one accused constitutional rights overbearing conduct counsel remedy brookhart janis fay noia case distrust animosity personal differences accused counsel rendered effective representation unlikely impossible see brown craven see also anders california even case defendant forced wishes expend personal resources pay counsel defense see generally fuller oregon james strange instead holds defendant criminal proceeding may insist representing regardless complex trial likely regardless frivolous defendant motivations may agree anything due process clause sixth amendment requires subordinate solemn business conducting criminal prosecution whimsical albeit voluntary caprice every accused wishes use trial vehicle personal political seems suggest long accused willing pay consequences folly reason allowing defendant right ante see also ex rel maldonado denno ven cases accused harming insisting conducting defense respect individual autonomy requires allowed go jail banner desires view ignores established principle interest state criminal prosecution shall win case justice shall done berger see also singer part believe amount pro se pleading cure injury society unjust result believe result prove effective balm almost frustrated pro se defendant ii argues conclusion supported historical evidence true common required century english american prosecutions points special emphasis guarantees colonial charters early state constitutions first judiciary act evidence contemporaneous bill rights widespread recognition right participate reliance historical evidence begin historical evidence seems inconclusive revealing original understanding language sixth amendment time amendment first proposed right right assistance counsel federal prosecutions guaranteed statute sixth amendment expressly constitutionalized right assistance counsel remained conspicuously silent right believes silence sixth amendment latter right evidence framers belief right obvious fundamental need included many words order protected amendment believe least equally plausible conclude amendment silence right indicates framers simply subject mind drafted language paucity historical support position becomes far profound one examines background two developments recent history criminal procedure first middle century defendant criminal proceeding country almost always disqualified testifying witness interest outcome see generally ferguson georgia thus ability defend person frequently defendant chance present side case judge jury see wilson state draconian rules evidence course relic past virtually every state passed statute abrogating rule disqualification see ferguson georgia abolition disqualification right appear person well counsel lost original importance see grano right counsel collateral issues affecting due process rev second historical development elaboration right counsel road traveled powell alabama argersinger hamlin need recounted purposes sufficient recall start finish development right counsel based premise representation counsel essential ensure fair trial concedes acknowledges strong argument surely made whole thrust decisions must inevitably lead conclusion state may constitutionally impose lawyer upon even unwilling defendant ante nevertheless concludes must allowed despite obvious dangers unjust convictions order protect individual defendant right free choice already indicated agree drastic curtailment interest state seeing justice done real objective sense iii conclusion note briefly procedural problems suspect today decision visit upon trial courts future although indicates pro se defendant necessarily waives claim might otherwise make ineffective assistance counsel ante opinion leaves open host procedural questions must every defendant advised right proceed pro se must notice given since right assistance counsel right mutually exclusive waiver right measured defendant elected exercise right proceed pro se still constitutional right assistance standby counsel soon criminal proceeding must defendant decide proceeding counsel pro se must allowed switch midtrial may violation right ever harmless error must trial treat pro se defendant differently professional counsel assume many questions answered finality due course many however standards waiver treatment pro se defendant haunt trial every defendant elects exercise right procedural problems spawned absolute right far outweigh whatever tactical advantage defendant may feel gained electing represent truth old proverb one lawyer fool client opinion today bestows constitutional right one make fool