People v. Robbins
California Supreme Court
1ConcurrenceMosk, J.
I concur in the judgment, but feel impelled to discuss one issue at greater length.
The United States Supreme Court, in a federal rule context, has emphasized “the need for the defendant, personally, to have the opportunity to present to the court his plea in mitigation. The most persuasive counsel may not be able to speak for a defendant as the defendant might, with halting eloquence, speak for himself.” (Green v. United States (1961) 365 U.S. 301, 304 [5 L.Ed.2d 670, 673, 81 S.Ct. 653].)
The right of a defendant to speak for himself has origins in the common law as far back as 1689. This is…
2Cases cited12 opinions
- Green v. United StatesSupreme Court of the United States · 1961
- State v. Kwan Fai MakWashington Supreme Court · 1986
- State v. JeffriesWashington Supreme Court · 1986
- State v. BurkhartTennessee Supreme Court · 1976
- State v. NicolettiSupreme Court of Rhode Island · 1984
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