Question

What are the arguments for and against allowing defendants without any legal training to represent themselves in felony prosecutions? How far should a trial judge go in advising a defendant of the pitfalls of proceeding without legal counsel?

Answer 1

Some defendants may defend themselves without any legal training. This is being done for the following reasons-

1. If defendent knows and completely sure about the lesser severity of punishment which will be less costlier than the lawyer's fee, then such defending action can be taken.

2. Sometimes it is done to get access to jail library. This is like a privilage for those who are in jail and waiting for trials.

3. Sometimes the punishment seems so obvious. So hiring a lawyer will cause only little benefit.

4. Sometimes lawyers use the case for setting themselves and they can utilize the case for betterment of their future by making political statements. This is being done to get lime light.

5. Sometimes a defendent can not afford the expenses of lawyer so he prefers to represent himself by his own.

Sometimes these seem to be obvious and correct but it is not the case always. Judicial system is an overloaded system worldwide. It is very lengthy process. It has perplexities of laws. If a person without legal training, represent himself in court then it may cause extra burden on judicial system.

Self represented defendent are not bound by the lawyers' ethical code. They may create anarchy in court room. He may delay the proceedings through various activities like producing havoc and by filing multiple repetitive motions. All such activities kills the precious time of judicial system.

Whenever there is a request from defendent side for self representation, then the judge can order/conduct a Faretta Enquiry. This type of hearing is done to determine the intentions of defendent. Judge wants to know whether the request of self representation is made knowingly or not. Judge also warns the defendent about proceeding further without any legal training because it may go against the defendent. All these may backfire the defendent with malafied intentions.