Godinez v. Moran, 509 U.S. 389, 11 (1993)

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Cite as: 509 U. S. 389 (1993)

Opinion of the Court

time, without the distraction and burden of a trial.) This being so, we can conceive of no basis for demanding a higher level of competence for those defendants who choose to plead guilty. If the Dusky standard is adequate for defendants who plead not guilty, it is necessarily adequate for those who plead guilty.

Nor do we think that a defendant who waives his right to the assistance of counsel must be more competent than a defendant who does not, since there is no reason to believe that the decision to waive counsel requires an appreciably higher level of mental functioning than the decision to waive other constitutional rights. Respondent suggests that a higher competency standard is necessary because a defendant who represents himself " 'must have greater powers of comprehension, judgment, and reason than would be necessary to stand trial with the aid of an attorney.' " Brief for Respondent 26 (quoting Silten & Tullis, Mental Competency in Criminal Proceedings, 28 Hastings L. J. 1053, 1068 (1977)). Accord, Brief for National Association of Criminal Defense Lawyers as Amicus Curiae 10-12. But this argument has a flawed premise; the competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, not the competence to represent himself.10 In Faretta v. California, 422 U. S. 806 (1975), we

10 It is for this reason that the dissent's reliance on Massey v. Moore, 348 U. S. 105 (1954), is misplaced. When we said in Massey that "[o]ne might not be insane in the sense of being incapable of standing trial and yet lack the capacity to stand trial without benefit of counsel," id., at 108, we were answering a question that is quite different from the question presented in this case. Prior to our decision in Gideon v. Wainwright, 372 U. S. 335 (1963), the appointment of counsel was required only in those state prosecutions in which "special circumstances" were present, see id., at 350-351 (Harlan, J., concurring), and the question in Massey was whether a finding that a defendant is competent to stand trial compels a conclusion that there are no "special circumstances" justifying the appointment of counsel. The question here is not whether a defendant who is competent to stand trial has no right to have counsel appointed; it is

399

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