Participation in the courts
THE POST
The U.S. Supreme Court agreed this week to decide whether people convicted of crimes have the right to represent themselves on appeal.
Salvador Martinez, a California inmate convicted of embezzlement, persuaded the Supreme Court to hear the case.
A 1975 Supreme Court ruling in Faretta vs. California gave suspects the right to waive an attorney and represent themselves in a criminal case. A criminal case is logistically different than an appeals case but not different enough to cause a discrepancy in rights.
The Supreme Court should rule in favor of Martinez and allow convicted criminals to represent themselves on appeal. Defendants can represent themselves at all levels of the judicial system and the appeals process should be no different.
One reason for the 1975 ruling by the Supreme Court is that choosing to not use an attorney and defend oneself is an inherent part of the Sixth Amendment right to present a legal defense in a criminal case. This should apply to appeals cases because suspects have the right to choose an attorney; they are not forced to have one.
Appeals cases are a way for criminals to find technicalities that will grant them their freedom. It should be left up to them to decide if they want to risk their freedom by not using an attorney. After all, it's their life that will be spent behind bars if they lose.
Allowing criminals to represent themselves is an extension of Constitutional rights and democracy. Not allowing self-representation lessens citizens' involvement in court and government proceedings.
Those who choose to represent themselves are taking a chance on their own lives. Why should anyone else be able to take that chance for them?