Criminal Defendant
A special category of litigant in person arises when a defendant in a criminal case dismisses their defence counsel and chooses to defend the case themselves. This is almost invariably an inadvisable course of action, since the law and procedure can be complex and the penalties if convicted can be severe. Furthermore, in some jurisdictions the litigant in person is restricted from cross-examining the alleged victim in rape and other serious sexual offences. The underlying policy is that an alleged victim should not have to answer directly to an alleged rapist. The right of the individual to defend themselves is in conflict with the need to protect the alleged victim from any further humiliation. In the UK this conflict is resolved by the court appointing a special counsel at public expense to conduct cross-examination.
Read more about this topic: Litigant In Person
Famous quotes containing the words criminal and/or defendant:
“Squeeze human nature into the straitjacket of criminal justice and crime will appear.”
—Karl Kraus (1874–1936)
“My profession lent itself nicely to my vocation for heights. It freed me of any bitterness towards my fellow men, who were always in my debt, without my owing them anything. It placed me above the judge whom, I in turn judged, above the defendant whom I forced into gratitude.”
—Albert Camus (1913–1960)