390
Syllabus
whether to testify, whether to waive a jury trial, and whether to cross-examine witnesses for the prosecution. Nor does the decision to waive counsel require an appreciably higher level of mental functioning than the decision to waive other constitutional rights. A higher standard is not necessary in order to ensure that a defendant is competent to represent himself, because the ability to do so has no bearing upon his competence to choose self-representation, Faretta v. California, 422 U. S. 806, 836. When, in Westbrook v. Arizona, 384 U. S. 150 (per curiam), this Court vacated a lower court ruling because there had been no "hearing or inquiry into the issue of [the petitioner's] competence to waive his constitutional right to the assistance of counsel," it did not mean to suggest that the Dusky formulation is not a high enough standard in cases in which the defendant seeks to waive counsel. Rather, the "competence to waive" language was simply a shorthand for the "intelligent and competent waiver" requirement of Johnson v. Zerbst, 304 U. S. 458, 468. Thus, Westbrook stands only for the unremarkable proposition that when a defendant seeks to waive his right to counsel, a determination that he is competent to stand trial is not enough; the waiver must also be intelligent and voluntary before it can be accepted. While States are free to adopt competency standards that are more elaborate than the Dusky formulation, the Due Process Clause does not impose them. Pp. 396-402.
972 F. 2d 263, reversed and remanded.
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, O'Connor, and Souter, JJ., joined, and in Parts I, II-B, and III of which Scalia and Kennedy, JJ., joined. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, in which Scalia, J., joined, post, p. 402. Blackmun, J., filed a dissenting opinion, in which Stevens, J., joined, post, p. 409.
David F. Sarnowski, Chief Deputy Attorney General of Nevada, argued the cause for petitioner. With him on the brief were Frankie Sue Del Papa, Attorney General, and Brooke A. Nielsen, Assistant Attorney General.
Amy L. Wax argued the cause for the United States as amicus curiae urging reversal. With her on the brief were Acting Solicitor General Bryson, Acting Assistant Attorney General Keeney, and Joel M. Gershowitz.
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