Criminology and Ethics- Final Assignment
Introduction:
Everybody deserves access to a fair justice system no matter who they are. Everyone
from the poor to the rich should be given this fundamental right. One should be able to fight
and defend themselves in the court of law. But when it comes to fighting in the court of law,
you need to be financially strong and have the resources to be able to afford a competent
lawyer. This is where a problem arises. Should only the rich and financially strong
individuals be able to have access to the best lawyers, because they can afford them? And
should the under-privileged be left in the dark and just represent and defend themselves,
because they can’t afford the best lawyers? Does the government have no obligation to
provide some resources and help them? In this report I will discuss the issues with self-
representation and discuss how it negatively impacts our justice system. I will suggest what
policy can be implemented to address these issues.
The Problems with Self-Representation:
Issue #1: Self-represented individuals are Not Familiar with the law or procedures
A problem arises self-represented individuals are not familiar with the law or
procedures. They do not know how to prepare and argue cases. If an individual does not
know how to prepare cases, they are setting themselves up for failure. Since they have no
experience of fighting cases or knowledge of the law, they will not know how to properly
prepare their case. Once the time comes to represent themselves and present their case, they
will not be able to defend themselves by putting a strong argument in front of the judge which
in turn will work against them.
(Slayton, 2008)
Issue #2: The Judge’s Job Becomes More Difficult
When a self-representing individual does not know the law and procedures when
fighting their case in the court, the judges naturally end up helping them by telling them about
laws and available procedures to make things run a bit smoother. However, during this
process not only the judge’s patience gets tested it also puts a strain on the judicial system at
the same time. An example of how a judge’s patience gets tested is explained by Philip
Slayton a retired lawyer. He recalls an incident while he was working as a law clerk at the
Supreme Court of Canada. He says while he was working with Justice Wilfred Judson, known
to him otherwise as a patient and polite man. During one of their court cases while a husband
was representing himself in matrimonial proceedings he started giving details of what he and his
estranged wife have to have for breakfast, to which Justice Judson, angrily responded, “I don’t
give a damn what you had for breakfast…get on with it!” Slayton also goes on to say due to
Introduction:
Everybody deserves access to a fair justice system no matter who they are. Everyone
from the poor to the rich should be given this fundamental right. One should be able to fight
and defend themselves in the court of law. But when it comes to fighting in the court of law,
you need to be financially strong and have the resources to be able to afford a competent
lawyer. This is where a problem arises. Should only the rich and financially strong
individuals be able to have access to the best lawyers, because they can afford them? And
should the under-privileged be left in the dark and just represent and defend themselves,
because they can’t afford the best lawyers? Does the government have no obligation to
provide some resources and help them? In this report I will discuss the issues with self-
representation and discuss how it negatively impacts our justice system. I will suggest what
policy can be implemented to address these issues.
The Problems with Self-Representation:
Issue #1: Self-represented individuals are Not Familiar with the law or procedures
A problem arises self-represented individuals are not familiar with the law or
procedures. They do not know how to prepare and argue cases. If an individual does not
know how to prepare cases, they are setting themselves up for failure. Since they have no
experience of fighting cases or knowledge of the law, they will not know how to properly
prepare their case. Once the time comes to represent themselves and present their case, they
will not be able to defend themselves by putting a strong argument in front of the judge which
in turn will work against them.
(Slayton, 2008)
Issue #2: The Judge’s Job Becomes More Difficult
When a self-representing individual does not know the law and procedures when
fighting their case in the court, the judges naturally end up helping them by telling them about
laws and available procedures to make things run a bit smoother. However, during this
process not only the judge’s patience gets tested it also puts a strain on the judicial system at
the same time. An example of how a judge’s patience gets tested is explained by Philip
Slayton a retired lawyer. He recalls an incident while he was working as a law clerk at the
Supreme Court of Canada. He says while he was working with Justice Wilfred Judson, known
to him otherwise as a patient and polite man. During one of their court cases while a husband
was representing himself in matrimonial proceedings he started giving details of what he and his
estranged wife have to have for breakfast, to which Justice Judson, angrily responded, “I don’t
give a damn what you had for breakfast…get on with it!” Slayton also goes on to say due to
