Juvenile Defendants & Right to Defend Themselves This resear

This research paper discusses whether juvenile defendants in criminal or civil proceedings in California have the right to defend themselves (in propria persona or pro per, sometimes referred to as pro se) and, if so, on what conditions. Since the decision of the United States Supreme Court in Faretta v. California, 422 U.S. 866 (1975), defendants in state criminal actions have been held under the Sixth Amendment to the United States Constitution to have a right to defend themselves without the benefit of counsel, provided that the court involved has satisfied itself after inquiry that the defendant has made an intelligent and knowing waiver of his or her right to be represented by counsel. This right of self-representation has been acknowledged by California statutes and the case law to apply to criminal proceedings involving juveniles, however, that right is hedged about by restrictions on the freedom of action of the juvenile which may under certain circumstances render it nugatory. More limited statutory rights for juveniles to represent themselves apply as well in some types of civil proceedings, especially where their interests and those of their parents or legal guardians conflict.

Pre-1967 Rights to Counsel of Juveniles

Constitutional Right to Counsel. The Sixth Amendment of the Bill of Rights provides, inter alia, that:

"In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Co