Beyond Legal Rights: Understanding Mental Health and Autonomy in Criminal Self-Representation

Research output: Contribution to journalArticlepeer-review

Abstract

This qualitative study examines criminal defendants who waived legal representation to self-represent in court. Through interviews with 16 participants and courtroom observations, findings reveal intersecting factors driving this decision: mental health challenges, desire for autonomy, attorney mistrust, dissatisfaction with past legal experiences, and underestimation of legal complexities. The research highlights defendants' vulnerability when exercising this right and connects negative prior legal encounters with self-representation choices. These insights into Israeli pro se defense suggest policy reforms balancing autonomy with support mechanisms. By prioritizing defendants' narratives, this research illuminates self-representation's social and psychological dimensions, advancing discourse on this understudied phenomenon.

Original languageEnglish
JournalBehavioral Sciences and the Law
Early online date28 Mar 2025
DOIs
StateE-pub ahead of print - 28 Mar 2025
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2025 The Author(s). Behavioral Sciences & the Law published by John Wiley & Sons Ltd.

Keywords

  • autonomy
  • defendant experiences
  • defendant motivations
  • mental capacity and waiver of counsel
  • pro se defense
  • self-representation
  • vulnerable defendants

ASJC Scopus subject areas

  • Clinical Psychology
  • Psychiatry and Mental health
  • Law

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