JDCH
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Poofybutt said:I think it's clear that the defendants are guilty. Anyone who choses to forgo an actual lawyer and opts to defend/represent themself is guilty as sin. I have never heard of a defendant winning when they represented themselves in cases such as these,
bambinod said:I don't think it's fair to say that anyone that chooses to defend themselves must be guilty. In small claims court, they require you to represent yourself. (you can have a lawyer on retainer of course, but they're not speaking on your behalf at the trial)
But that being said, there's a popular saying among lawyers, where the temptation to self-represent can occasionally be great: "A man who represents himself has a fool for a client."
In that case it comes down to you need someone making legal decisions for you from an unbiased position, and self-representing makes you biased by definition. Making decisions based on what you want to do, rather than what's best for you, can have devastating consequences when one's freedoms are on the line.
I suspect the reason there's a lot more self-representation "in cases like this" is because the defendants are often legally naive, they believe they're in the right, and they think it's just a "simple matter" of describing their point of view. They don't fully comprehend the fact that the court doesn't care what you think or what you can demonstrate to be logically or morally correct - it only cares about whether or not you broke the laws as written.
Poofybutt said:You bring up some really great points, especially the idea that self-representing is innately biased.
I still hold firm, choosing to defend oneself in a murder case speaks of self-delusion and egotistical overconfidence, I mean at that point you are so confident in your side of the story, that you believe your own, unvalidated, highly subjective, highly biased testimony outweighs all real evidence and cross-examination and will ultimately compel the jury to find in your favour. Many blatantly guilty people represented themselves; Ted Bundy, Nidal Hasan and Dylan Roof to name a few... the track record of people defending themselves in murder trials and finding success speaks for itself, it's not very good and rightfully so. Even if someone could find one instance of someone representing themselves in a murder case and getting away with it, which would be very difficult I assume, my opinion on self-representation in a murder trial would remain unchanged, it's practically admitting guilt before an argument can be presented. Bottom line, in any major case or courtroom setting, if you want even a remote chance of being represented in a fair and impartial manner with a well-constructed argument or case for innocence, find a good lawyer.
I admit, I did not mention small court cases/claims, I felt that there's no overlap between a small court case and a murder trial and I am well aware that many, nearly all, small court cases/claims are self-represented.
I also agree with you on this point as well; that perhaps the decision to self-represent stems from ignorance and naivety. I feel it could kind of go either way in this case. From what I read, the defendant doesn't seem to be very bright and he seemed overconfident that the whole "the victim had a fetish" thing would take suspicion off of himself or be taken as valid evidence, even though it was partially unsubstantiated and largely conjecture.
In any case, I'm sure the jury will make the right decision regarding this case.
hex000f said:https://www.thestar.com/news/crime/...e-murder-in-death-of-former-u-of-t-clerk.html They did. Also I'm glad that the Judge knew how to handle the fetish situation
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