Criminal Pro Se Defense

In a forthcoming article Erica Hashimoto (Georgia) explores an interesting corner of criminal law from an empirical perspective.  Although principally descriptive in its treatment of the data, Defending the Right to Self Representation: An Empirical Look at the Pro Se Felony Defendant finds:

"The data clearly refute both the assumption that most felony pro se defendants are ill-served by the decision to self-represent and the theory that most pro se defendants suffer from mental illness. Somewhat surprisingly, the evidence establishes that pro se felony defendants in state court do just as well as represented felony defendants, and the vast majority of pro se felony defendants - nearly 80% - displayed no signs of mental illness. The results of the study also provide an alternative explanation for the pro se phenomenon, suggesting that at least some defendants choose self-representation because of legitimate concerns about counsel. In short, the data in this Article expose the fallacy of the prevailing view of pro se felony defendants and demonstrate that the right to self-representation in fact serves a vital role in protecting the rights of criminal defendants."

Comments

[Betty Mydland]

It has taken me almost 6 years to find this sort of information. I am an independent law clerk who used to work for an attorney. For the last 6 years I have been doing research and document preparation for convicted felons. The mind set however that one MUST Have a lawyer is a tough nut to crack. Thanks so much for your site and info.

Betty