"Rough Justice" For Those Who Represent Themselves
The average American does not spend much time in court. Most people avoid it whenever possible and some even try to dodge jury duty if they can. The courtroom is an unfamiliar place, and for many, just the thought of appearing before a judge is frightening. The language and specific procedures used in a court of law is not as it seems on television dramas and for someone not familiar with the court process, making a court appearance can be extremely stressful.
Still, there are people who choose not to hire a lawyer to represent them in court and prefer to wing it all on their own. A recent article in the New York Times outlined how badly self representation can turn out, even for something as simple as a traffic ticket.
Los Angeles County Superior Court Judge J. Stephen Czuleger fills in at traffic court to help reduce the backlog of cases that have piled up over the years. He says that defendants really want to come to court and tell their side of the story - to be heard. The problem is, many of them are heard, loud and clear, admitting their guilt.
Because laws and court procedures can be complex and the average person who receives a traffic ticket has probably never studied all of these laws, serious errors can be made in front of the judge. Many defendants want to explain why they did not deserve the ticket they received, and in that explanation they often reveal exactly what they did to violate the law. This is certainly one example that illustrates that "the truth, the whole truth, and nothing but the truth" can sometimes be a bit too much. While it is illegal for defendants to lie in court, there is certainly a point at which too much information that has not been asked for can be given.
In criminal trials, defense lawyers often do not allow their clients to testify in court. By putting a defendant on the stand, a can of worms can be opened during cross examination when the prosecution attempts to have them explain their side of the story. A defendant with the best intentions in the world can wind up saying very regrettable things in court that can be used against them to gain a conviction.
While traffic court generally handles far less serious matters than criminal court, a defendant without a lawyer, who does too much talking on their own, can suffer the consequences.
In Los Angeles County, 1.8 million traffic tickets are issued each year. In most of these cases, the defendant pleads guilty or no contest to the charges, pays the fine and is not required to come to court.
Less than 5 percent of these cases generally go to trial, however, the growing number of tickets issued as a result of traffic cameras and stricter regulations and more costly fines for truck drivers are causing more people to come to court to fight their tickets.
Lawyers in Los Angeles County who handle traffic violation cases say that they have seen an increased demand for their services, but there will always be some defendants who take the risk and go to court alone. Judge Czuleger says that most people who represent themselves in court are convicted and receive "rough justice" after spilling their hearts, admitting their guilt and complaining that their tickets were not fair.
In court, it is not the judge's job to decide if a ticket was fair or not. The issue in court is the law and whether or not a defendant violated the law. Most people who represent themselves in court simply do not have enough of an understanding of the law to adequately represent themselves.
