Thursday, April 10, 2008
A Question of Liberty
I came across this article the other day and it peaked my interest. The idea that an individual’s personal liberty might be infringed by not allowing them to represent themselves despite displaying a sound mind is troubling. Similarly, the notion that the potential to turn the court into a carnival thusly delaying delivering justice is worrisome. I tend to lean towards the conservative side when it comes to personal liberty and would normally fully back Scalia’s opinion. However, I don’t see there being any harm whatsoever in requiring an attorney to accompany a person with a similar mental health history during the trial. As far as leading the defensive strategy, the defendant would have every opportunity to present his or her case to the jury in the manner that they see fit. If, however, the defensive strategy descends into something that is detrimental to themselves or to the court, the attorney would be able to seamlessly insert his or herself into the proceedings without missing a beat. I think it is of the utmost importance for this country to continue to allow people the opportunity to defend themselves. That being said, our jails are overpopulated as it is and there is no need to further populate them with individuals suffering from mental deficiencies.
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