NCJ Number
75953
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 4 Issue: 2 Dated: (Winter 1980) Pages: 213-231
Date Published
1980
Length
19 pages
Annotation
According to this paper, there is no evidence that in Canada and the United States defendants who who appear without counsel are treated less equally or are disruptive to the criminal court process.
Abstract
The development and implementation of systems for providing legal representation to defendants in criminal courts in the United States and Canada have been based upon concern that those individuals who appear in court without counsel are disruptive and receive less than fair and equal treatment before the law. Despite the existence of various schemes to provide legal representation, large numbers of defendants in both countries appear in court without counsel, even though, according to a review of the case law, courts have made provision for counsel to be provided under certain circumstances. Individuals who appear in criminal court without legal counsel fall into a wide range of categories based on their plea, the nature and extent of the legal advice which they have received, and the degree to which they participate in speaking to sentence. However, the available research has not distinguished among self-represented defendants, and it is difficult to determine reasons why individuals appear in court without counsel. Furthermore, there is no data on those defendants who appear initially without counsel but secure counsel for subsequent appearances or for an appeal from a disposition received while not represented by a lawyer. The available evidence indicates that while there is a tendency for unrepresented defendants to plead guilty, prosecutors tend to dismiss charges against them more readily. Prior studies have not supported or refuted the administrative argument against appearance in court without counsel either. There is, however, some evidence (e.g., a 1977 U.S. study and a 1973 study of Toronto courts) that the presence of counsel may actually prolong court proceedings because of delaying tactics, the practice of 'judge shopping,' and conflicting schedules. To provide the evidence required to formulate and implement policy on representation in the criminal court, it will be necessary to construct inquiries which are sensitive to the various dimensions of these phenomena. A review of the case law, empirical evidence, and about 40 references are included.