Rock v. Arkansas, 483 U.S. 44 (1987), was a Supreme Court of the United States case in which the Court held that criminals have a constitutional right to testify on their own behalf. The right of a person to represent oneself in a court of law had been recognized for a very long time prior to this case. This right has been established by both legislative enactments and judicial rulings alike. An 1864 appropriations act allowed defendants to testify for themselves. The right of a criminal defendant to represent oneself had already been recognized by courts prior to this case. In Faretta v. California, the United States Supreme Court held that criminal defendants are constitutionally free to decline or reject professional lawyers as legal representation in state-level courts as well as to se
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| - Rock v. Arkansas, 483 U.S. 44 (1987), was a Supreme Court of the United States case in which the Court held that criminals have a constitutional right to testify on their own behalf. The right of a person to represent oneself in a court of law had been recognized for a very long time prior to this case. This right has been established by both legislative enactments and judicial rulings alike. An 1864 appropriations act allowed defendants to testify for themselves. The right of a criminal defendant to represent oneself had already been recognized by courts prior to this case. In Faretta v. California, the United States Supreme Court held that criminal defendants are constitutionally free to decline or reject professional lawyers as legal representation in state-level courts as well as to se (en)
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- Rock v. Arkansas (en)
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| - White, O'Connor, Scalia (en)
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| - Criminal defendants have a right to testify in their own behalf under the Due Process Clause of the Fourteenth Amendment, the Compulsory Process Clause of the Sixth Amendment, and the Fifth Amendment's privilege against self-incrimination. Although the right to present relevant testimony is not without limitation, restrictions placed on a defendant's constitutional right to testify by a State's evidentiary rules may not be arbitrary or disproportionate to the purposes they are designed to serve. Arkansas' per se rule excluding all hypnotically refreshed testimony infringes impermissibly on a criminal defendant's right to testify on his or her own behalf. Despite any unreliability that hypnosis may introduce into testimony, the procedure has been credited as instrumental in obtaining particular types of information. Moreover, hypnotically refreshed testimony is subject to verification by corroborating evidence and other traditional means of assessing accuracy, and inaccuracies can be reduced by procedural safeguards such as the use of tape or video recording. The State's legitimate interest in barring unreliable evidence does not justify a per se exclusion, because the evidence may be reliable in an individual case. Here, the expert's corroboration of petitioner's hypnotically enhanced memories and the trial judge's conclusion that the tape recordings indicated that the doctor did not suggest responses with leading questions are circumstances that the trial court should have considered in determining admissibility. Arkansas Supreme Court reversed. (en)
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