156
Opinion of the Court
II
The Faretta majority based its conclusion on three interrelated arguments. First, it examined historical evidence identifying a right of self-representation that had been protected by federal and state law since the beginning of our Nation, 422 U. S., at 812-817. Second, it interpreted the structure of the Sixth Amendment, in the light of its English and colonial background, id., at 818-832. Third, it concluded that even though it "is undeniable that in most criminal prosecutions defendants could better defend with counsel's guidance than by their own unskilled efforts," a knowing and intelligent waiver "must be honored out of 'that respect for the individual which is the lifeblood of the law.' Illinois v. Allen, 397 U. S. 337, 350-351 [(1970)]." Id., at 834. Some of the Court's reasoning is applicable to appellate proceedings as well as to trials. There are, however, significant distinctions.
The historical evidence relied upon by Faretta as identifying a right of self-representation is not always useful because it pertained to times when lawyers were scarce, often mistrusted, and not readily available to the average person accused of crime.3 For one who could not obtain a lawyer,
(CA8 1984) (same); Commonwealth v. Rogers, 537 Pa. 581, 583, 645 A. 2d 223, 224 (1994) (same); State v. Van Pelt, 305 Ark. 125, 127, 810 S. W. 2d 27, 28 (1991) (same); Webb v. State, 274 Ind. 540, 542, 412 N. E. 2d 790, 792 (1980) (same); Webb v. State, 533 S. W. 2d 780, 784 (Tex. Crim. App. 1976) (same), with United States v. Gillis, 773 F. 2d 549, 560 (CA4 1985) (finding no right of self-representation on appeal); Lumbert v. Finley, 735 F. 2d 239, 246 (CA7 1984) (same); Hill v. State, 656 So. 2d 1271, 1272 (Fla. 1995) (same); State v. Gillespie, 898 S. W. 2d 738 (Tenn. Crim. App. 1994) (same).
3 "The colonists brought with them an appreciation of the virtues of self-reliance and a traditional distrust of lawyers. When the Colonies were first settled, 'the lawyer was synonymous with the cringing Attorneys-General and Solicitors-General of the Crown and the arbitrary Justices of the King's Court, all bent on the conviction of those who opposed the King's prerogatives, and twisting the law to secure convictions.' This prejudice gained strength in the Colonies where 'distrust of lawyers became an institution.' Several Colonies prohibited pleading for hire in the
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