On August 9, 1969, the Manson family committed the Sharon Tate murders.
Charles Manson initially wanted to act as his own lawyer; in legal terms, he was a pro se applicant. This is legal but strongly discouraged by those in the judicial system. There are very good reasons for this. The law is complicated and involves a lot of complicated procedure. Legal terminology is also very specific, and does not always have the same meaning to a layman.
Nonetheless, the US legal code allows it, as does the state Constitution of California. The defendant has to "knowingly and intelligently" forgo the right to counsel. (Faretta)
There are limits to what a pro se litigant can do, however. If a court determines a pro se is not compentent, the judge may impose counsel. This is partly to protect the defendant, but also to protect the court. The right to due process must still be met. Still, an applicant that insists on defending himself is assuming the risk.
Some courts provide a middle ground, where the applicant defends herself but is provided an attorney as a consultant.
Manson was appointed counsel before trial after being disruptive and submitting nonsensical mostions.
Many landmark cases have been won by pro se applicants. However, they are much more likely to lose.
Sunday, August 9, 2009
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