Why shouldn’t the accused in criminal cases be forced to represent themselves in court?
I’m going to quote from one of the top results from searching this general type of question--
One of the biggest drawbacks of trying to handle a criminal charge yourself is that you likely do not have a full understanding of all the laws that apply to the case. That knowledge is critical in defending against the case and taking advantage of opportunities to minimize the consequences of the charges.
But presumably the judge has a full understanding of the relevant laws by the time he or she hears the case...or another neutral expert ought to...with all the benefit of modern information resources. Why should it be necessary for the defendant, or anyone acting on his behalf, to inform a judge in terms of sheer facts about the nature of the laws that pertain to this case? Couldn’t the judge intervene if the prosecution introduces falsehoods about the laws that are relevant to a given case? I mean that’s going to happen anyway if the defendant didn’t hire a lawyer, right, or are those cases all highly dubious then?
Without legal representation, you can make mistakes that make a stronger case against you, even if you unintentionally make incriminating statements during discussions with others involved in the case or in court.
Whilst I appreciate that this article is intended to help accused people, I hasten to comment that I would 100% prefer defendants who are guilty to make self-incriminating statements, vacillate, slip Freudianly and contradict themselves. After all, that would seem to be part of the reason they are required to appear in court in person and not just phone it in.
On the other hand, if the quoted sentence were interpreted instead as being about the honest stumbles and mistakes made by an innocent person being interrogated under pressure, should it not be the role and responsibility of the judge, using the wisdom of his profession, to, ahem, judge whether they were innocent mistakes?
Now, I can certainly see that some defendants are incapable of answering the prosecution’s questions in a reasonable way, perhaps because they are insane or seriously mentally deficient. In that eventuality, I would prefer to see the defendant assigned a representative to stand in for them. That would require a thorough examination by a medical professional or psychologist for every defendant.
I also see that someone or other needs to explain the basic consequences of pleading guilty or not guilty, and the court procedures to the defendant. That doesn’t require a lawyer though.
What I do not see is why someone ascertained to be sane and of normal intelligence should need a professional clever arguer to bump up his chances of being found not guilty, when the person’s guilt is (or would in many cases be) a Boolean fact that has nothing to do in principle with whether or not he or she hired a lawyer, meaning that this widely admitted reality about how cases turn out is a blatant admission that either lawyers are a means of generating a significant percentage of meritless not-guilty verdicts, or else this has been compensated by a commensurate amount of meritless guilty verdicts for people who defended themselves.
In addition I, and I assume many other people, would in principle strongly prefer to represent myself in court if I were falsely accused of a serious crime, rather than a stranger who cares not whether I’m innocent and might demean me by his indifferent approach. If it is indeed true that representing oneself significantly increases one’s chances of being found guilty, innocent people are effectively being denied the opportunity to represent themselves, and many of them will suffer an immediate loss of utility as well as perhaps future issues as a consequence.
tl;dr: I argue that as a general rule, permitting and/or encouraging people to use biased arguers to stand for themselves in criminal cases might be a really bad or at least archaic idea that not many people think to question for (reasons?)
>A certain key atheistic argument is so obvious as to be boring, which is of course a good sign for its validity:
>”We don’t see any sign of God’s presence. Therefore there is no God.”
I just watched “Silence of the Lambs”—what a nice coincidence.
“We don’t see any sign of Buffalo Bill’s presence (apart from all the evil things he’s done). Therefore there is no Buffalo Bill.”
Is this a valid argument?
I mean if there is a God/ Godlike being but he’s truly evil, then this argument goes out the window, and so does “The Problem of Evil”. He doesn’t want to be found because, being evil, that might lead a critical number of people to want to overthrow or kill him (if there are other more benevolent entities that have any means of doing so in principle, and that can recruit any intelligent mind such as a human to help them do so).
A generalized Roko’s Basilisk on this issue is that Earth is a safe-ish place precisely because the evil God can’t blackmail atheists (or indeed Christians) when they are sufficiently unaware of his existence. Benevolent simulating entities that do know all about Him would not want to tell the majority of human beings that He exists, or they would only do so indirectly.
Also a little rationalist principle I want to throw in here: haven’t you made a big assumption that “we” (every reader) has seen no sign of God (or any such being)’s presence? Would it not have been better to say ask yourself, dear reader, whether you have seen any sign of God’s presence?
You never know who is reading your blog posts, after all :-)