المساعد الشخصي الرقمي

مشاهدة النسخة كاملة : Is it better to represent myself than to rely on a court-appointed defender?



هيثم الفقى
04-03-2009, 01:11 AM
No. It is not a good idea for untrained people to try to represent themselves in criminal cases. The opponent will be a skilled prosecutor who has conducted many trials. The rules of evidence at trial are complicated, and an untrained person may miss many opportunities to present his or her strongest case. The judge or jury will not necessarily be sympathetic toward you simply because you decided to go it alone.
Some defendants choose to represent themselves because they feel they can do a better job than a public defender or a lawyer whom the court has appointed to represent them free of charge. This simply is not true. First, any lawyer is sure to know more than you do about the legal system. Lawyers must complete a three- or four-year program in law school and pass a rigorous bar examination. Second, do not assume that the public defender is an inadequate lawyer who could not get a "real job" in a law firm. Many top law students choose public-interest work because they want to help people. Public defenders have substantial experience defending people in criminal cases.
In addition, most people charged with a crime are too close emotionally to their own problems. Therefore, they cannot maintain the clear, coolheaded thinking that is necessary in court. Even lawyers charged with a crime usually hire another lawyer to represent them. Those lawyers are being guided by the old saying, "A lawyer who represents himself has a fool for a client."
By representing yourself, you are giving up a very important constitutional right: the right to counsel. If you represent yourself and are convicted, you cannot claim that your incompetence as a lawyer denied you effective assistance of counsel.
For these reasons, self-representation is a risk that most criminal defendants should not take. Remember that you have the right to dismiss your lawyer for good cause (although if you do not have a good reason for wanting to dismiss your lawyer, the judge may fail to find good cause and refuse to replace the appointed counsel). You can change lawyers or reconsider representing yourself, if the court will allow it (though the court may require you to proceed immediately with the case, without extra time for you or your new lawyer to prepare).
Once you have experienced the complexities of the legal process, you probably will realize that you need a professional at all times to protect your interests.
from (http://public.findlaw.com/abaflg/flg-15-2a-6.html)