The United States Constitution grants those facing the loss of life and liberty the right to due process and a fair trial under the law. What can be done to ensure criminal defendants facing the death penalty feel as though their desired argument and defense will be presented while still having the appearance of a fair trial? This Article compares a person the law says is qualified to waive counsel and represent themselves and a person qualified to be appointed to represent those facing the death penalty, what is required to waive counsel, the involvement of the trial court and the roles of standby counsel in pro se cases, the unique differences of a death penalty case, and ultimately demonstrate what a hybrid representation could look like when a defendant is pro se but wishes for standby counsel to be involved in the process.
This abstract was written after publication by 2023-2024 Et Cetera Editor-in-Chief Philip Shipma
