self representation quizlet

Module 4: Socialization

Roles and the presentation of self, learning outcomes.

• Describe how individuals present themselves and perceive themselves in a social context

Status and Roles

Sociologists use the term status to describe the responsibilities and benefits that a person experiences according to their rank and role in society. Some statuses are ascribed —those you do not select, such as son, elderly person, or female. Others, called achieved statuses , are obtained by choice, such as high school dropout, self-made millionaire, or nurse. As a daughter or son, you occupy a different status than as a neighbor or employee.

As you can imagine, people employ many types of behaviors in day-to-day life. Roles are patterns of behavior that we recognize in each other, and that are representative of a person’s social status. Currently, while reading this text, you are playing the role of a student. However, you also play other roles in your life, such as “daughter,” “neighbor,” or “employee.” These various roles are each associated with a different status.

If too much is required of a single role, individuals can experience role strain . Consider the duties of a parent: cooking, cleaning, driving, problem-solving, acting as a source of moral guidance—the list goes on. Similarly, a person can experience role conflict when one or more roles are contradictory. A parent who also has a full-time career can experience role conflict on a daily basis. When there is a deadline at the office but a sick child needs to be picked up from school, which comes first? When you are working toward a promotion but your children want you to come to their school play, which do you choose? Being a college student can conflict with being an employee, being an athlete, or even being a friend. Our roles in life powerfully affect our decisions and help to shape our identities.

One person can be associated with a multitude of roles and statuses. Even a single status such as “student” has a complex role-set , or array of roles, attached to it (Merton 1957).

Figure 1. Parents often experience role strain or role conflict as they try to balance different and often urgent competing responsibilities. (Credit: Ran Zwigenberg/flickr)

Presentation of Self

Of course, it is impossible to look inside a person’s head and study what role they are playing. All we can observe is outward behavior, or role performance. Role performance is how a person expresses his or her role. Sociologist Erving Goffman presented the idea that a person is like an actor on a stage. Calling his theory dramaturgy , Goffman believed that we use impression management  to present ourselves to others as we hope to be perceived. Each situation is a new scene, and individuals perform different roles depending on who is present (Goffman 1959). Think about the way you behave around your coworkers versus the way you behave around your grandparents or with a blind date. Even if you’re not consciously trying to alter your personality, your grandparents, coworkers, and date probably see different sides of you.

As in a play, the setting matters as well. If you have a group of friends over to your house for dinner, you are playing the role of a host. It is agreed upon that you will provide food and seating and probably be stuck with a lot of the cleanup at the end of the night. Similarly, your friends are playing the roles of guests, and they are expected to respect your property and any rules you may set forth (“Don’t leave the door open or the cat will get out.”). In any scene, there needs to be a shared reality between players. In this case, if you view yourself as a guest and others view you as a host, there are likely to be problems.

Impression management is a critical component of symbolic interactionism. For example, a judge in a courtroom has many “props” to create an impression of fairness, gravity, and control—like her robe and gavel. Those entering the courtroom are expected to adhere to the scene being set. Just imagine the “impression” that can be made by how a person dresses. This is the reason that attorneys frequently select the hairstyle and apparel for witnesses and defendants in courtroom proceedings.

Figure 2. Janus, another possible “prop”, depicted with two heads, exemplifies war and peace. (Photo courtesy of Fubar Obfusco/Wikimedia Commons)

Again, Goffman’s dramaturgical approach expands on the ideas of Charles Cooley and the looking-glass self . We imagine how we must appear to others, then react to this speculation. We put on certain clothes, prepare our hair in a particular manner, wear makeup, use colog ne, and the like—all with the notion that our presentation of ourselves is going to affect how others perceive us. We expect a certain reaction, and, if lucky, we get the one we desire and feel good about it. But more than that, Cooley believed that our sense of self is based upon this idea: we imagine how we look to others, draw conclusions based upon their reactions to us, and then we develop our personal sense of self. In other words, people’s reactions to us are like a mirror in which we are reflected.

Think It Over

• Describe a situation in which you have tried to influence others’ perception of you? How does Goffman’s impression management apply to this situation? 
• Draw a large circle, and then “slice” the c ircle into pieces like a pie, labeling each piece with a role or status that you occupy. Add as many statuses, ascribed and achieved, that you have. Don’t forget things like dog owner, gardener, traveler, student, runner, employee. How many statuses do you have? In which ones are there role conflicts?
• Modification, adaptation, and original content. Authored by : Sarah Hoiland for Lumen Learning. Provided by : Lumen Learning. License : CC BY: Attribution
• Social Constructions of Reality. Authored by : OpenStax CNX. Located at : . License : CC BY: Attribution . License Terms : Download for free at http://cnx.org/contents/[email protected].
• Social Constructions of Reality. Provided by : OpenStax. Located at : https://openstax.org/books/introduction-sociology-3e/pages/4-3-social-constructions-of-reality . Project : Sociology 3e. License : CC BY: Attribution . License Terms : Access for free at https://openstax.org/books/introduction-sociology-3e/pages/4-3-social-constructions-of-reality
• Charles Cooley Looking Glass Self. Authored by : Brooke Miller. Provided by : Khan Academy. Located at : https://www.youtube.com/embed/XCxe9HbfJcM?enablejsapi=1 . License : Other . License Terms : Standard YouTube License
• Dramaturgy (Dramaturgical Analysis). Provided by : Sociology Live!. Located at : https://www.youtube.com/watch?time_continue=5&v=5Qe5TI__ZDU . License : Other . License Terms : Standard YouTube License

Self-Representation

Self-Representation .—The Court has held that the Sixth Amendment, in addition to guaranteeing the right to retained or appointed counsel, also guarantees a defendant the right to represent himself. 262 It is a right the defendant must adopt knowingly and intelligently; under some circumstances the trial judge may deny the authority to exercise it, as when the defendant simply lacks the competence to make a knowing or intelligent waiver of counsel or when his self-representation is so disruptive of orderly procedures that the judge may curtail it. The right applies only at trial; there is no constitutional right to self-representation on direct appeal from a criminal conviction. 263

262 Faretta v. California, 422 U.S. 806 (1975). Even if the defendant exercises his right to his detriment, the Constitution ordinarily guarantees him the opportunity to do so. A defendant who represents himself cannot thereafter complain that the quality of his defense denied him effective assistance of counsel. Id. at 834-35 n.46. Related to the right of self-representation is the right to testify in one's own defense. Rock v. Arkansas, 483 U.S. 44 (1987) (per se rule excluding all hypnotically refreshed testimony violates right).

The essential elements of self-representation were spelled out in McKaskle v. Wiggins , 264 a case involving the self-represented defendant's rights vis-a-vis "standby counsel" appointed by the trial court. The "core of the Faretta right" is that the defendant "is entitled to preserve actual control over the case he chooses to present to the jury," and consequently, standby counsel's participation "should not be allowed to destroy the jury's perception that the defendant is representing himself." 265 But participation of standby counsel even in the jury's presence and over the defendant's objection does not violate the defendant's Sixth Amendment rights when serving the basic purpose of aiding the defendant in complying with routine courtroom procedures and protocols and thereby relieving the trial judge of these tasks. 266

263 Martinez v. Court of App. of Cal., Fourth App. Dist., 528 U.S. 152 (2000). The Sixth Amendment itself "does not include any right to appeal." 528 U.S. at 160.

264 465 U.S. 168 (1984).

265 465 U.S. at 178.

266 465 U.S. at 184.

Last modified: June 9, 2014

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Representing Yourself in Civil Court Lawsuits

(This may not be the same place you live)

  How Does Self-Representation Work In Civil Lawsuits?

A civil lawsuit is a legal action filed by a private individual or business against another private party who has caused them harm and for which they are seeking compensation. This in contrast to criminal cases, which are used to determine punishments for a defendant and can only be filed by a prosecutor or other legal representative of the government. In other words, a plaintiff to a civil lawsuit can request remedies like monetary damages or injunctions, not jail.

The right to self-representation, or “pro-se”, refers to the right to represent yourself in court, meaning without the assistance of an attorney . Although this “right” only extends to criminal defendants under the Sixth Amendment to the U.S. Constitution, many civil courts have discretion to allow civil litigants to appear pro-se.

Whether a civil litigant has an actual “right” has been the subject of much debate. According to a federal statute, a person may plead and conduct their own cases “in all courts of the United States.” Thus, in most cases, it seems as if this statute has preserved the right to self-representation for civil matters as well.

However, the issue becomes more confusing when the entity that wishes to represent themselves is a corporation. This is because some courts do not allow corporations to appear pro se. On the other hand, individuals typically must appear pro se and cannot hire an attorney when a matter is being settled in small-claims court.

What Is the Advantage of Self-Representing?

Are there any disadvantages to self-representation, what are some guidelines if i decide to represent myself in civil court, is there help for self-representing litigants, do you really need a lawyer.

There are several advantages to self-representation. Some benefits of representing yourself in civil court include:

• Saving money on attorney fees;
• Having control over how to handle a case and employing legal strategies; and
• Ensuring that significant time will be dedicated to the case (e.g., lawyers are usually juggling several cases at once).

Additionally, litigants who choose to appear pro se often feel confident that they may understand the facts of their case better than anyone else could. They also tend to believe that they will fight harder since it is their case. However, this is not necessarily true because lawyers must follow their clients’ demands and have a professional obligation to make decisions with their client’s best interest in mind.

As with anything involving risks, there are also many drawbacks and disadvantages to self-representation. Some disadvantages to self-representation in civil cases include:

• Not knowing or understanding the intricacies of the law and court procedures;
• Being treated as a lawyer despite not having any professional training or experience;
• Meeting certain filing deadlines that a nonlawyer may not be aware of if they have never tried a case; and
• Losing a case or the opportunity to raise a defense that an attorney could have won or would have known to raise that defense, which could have reduced the damages.

If an individual decides to represent themselves in civil court, it is highly recommended that they take the following steps:

• Know the law: Understand any relevant laws that apply to the case, including both federal and state statutes, case law, local regulations, the rules of evidence, etc.
• Learn certain legal terms: It may be helpful to know some basic legal terminology (e.g., hearsay, relevance, testimony, etc.). Also, learn the roles of people in the courthouse (e.g., the court clerk, bailiff, etc.), and do not confuse the opposing party, their attorney, and a third-party representative (e.g., social worker as opposed to counsel).
• Follow proper procedures: There are many different legal procedures that lawyers must be aware of, such as the rules of a specific court, all local court rules, the process for filing documents with the court, and any statutes that provide instructions on certain procedures (e.g., filing deadlines, what to include in legal documents, etc.).
• Take notes: Write down details from the hearing and any meetings that may be important to the case. Also, jot down notes about any questions or topics that require further research afterwards.
• Be organized and well-prepared: For instance, spell check documents before filing them with the court, type-up important hand-written notes, use a folder to keep case materials organized and readily accessible, and so forth.
• Ask for help: Consult an attorney, a facilitator, a clerk, or some other resource before submitting documents or attending a hearing if a law or legal procedure does not make sense.

Additionally, some other tips that a pro se party should bear in mind include:

• Wear proper attire: Do not show up to a hearing dressed in flip-flops or sloppy clothes. While a suit is the best option when deciding on what to wear to court, if a person does not own one, they should strive to dress in a clean and neat manner (e.g., dress pants, work shoes, combed hair, etc.).
• Be respectful: Address the judge accordingly and be kind to those in the courtroom, including the opposing party, court reporters, the court clerk, the bailiff, and other court officers. Basically, practice good manners and behave appropriately.
• Show up on time: Do not arrive late to any hearings or meetings with the court. This may require visiting the courthouse or locating a particular courtroom before the hearing to reduce the chances of being late.
• Do not speak or interrupt: Unless an objection is being raised, never interrupt the hearing or speak to the opposing party. All questions and/or comments should be reserved until it is the individual’s turn to present their argument or to question witnesses. Even then, the only persons the pro se party should be addressing are the judge or presiding officer, and witnesses on the stand.
• Remember to say thanks: No matter the outcome of a case, always remember to thank the court (i.e., the judge) and the court staff. It is not only the polite thing to do, but it will also leave a good impression in case a person is required to return to court.

There are many resources for litigants who intend to represent themselves. For instance, some judges either may allow or require a pro se party to work with an attorney who will serve in an advisory capacity. In other words, the litigant will still be able to represent themselves before the court, but they will have a designated lawyer available to ask questions or provide assistance should they need guidance.

Having an attorney as an advisor may be helpful for when a pro se party does not understand difficult aspects of the law or certain legal procedures. In some cases, an advisory attorney may even accompany the pro se party to their hearing where they may need quick advice on procedural rules.

Aside from an advising attorney, self-representing litigants can consult multiple online resources and guides. For example, many courts provide links to self-help websites and forms. Some courts will even give tips on self-representation.

For basic legal research purposes, pro se parties can use Google scholar to gain access to cases and federal government agencies for rules. Also, depending on the state, there may be useful information on websites for state and local governments, legal aid societies, and pro bono firms.

Although there are many articles and third-party websites that offer advice on the topic, pro se parties should cross-reference this information with relevant laws and local court rules. Oftentimes, third-party advice applies generally and may omit important details, or they may inadvertently provide misinformation that does not apply to a particular state or court.

Finally, various state courts also offer “facilitators.” These are persons who can assist and direct a pro-se party to the right resources. However, they cannot offer any legal advice on what a litigant should do. If a court does provide the option of speaking with a facilitator, a litigant should know that it is often on a first-come, first-served basis. Thus, wait times to gain access to a facilitator can range anywhere between a few minutes to several hours.

So long as the law and/or court rules do not specify otherwise, the decision of whether to hire a lawyer or not is entirely up to you. However, keep in mind that representing yourself does come with many risks. Your success will depend on your knowledge of the law and your own abilities to argue a case. Thus, if your case involves a large sum of damages or a complex field of law, you should strongly consider retaining a lawyer.

At the very least, you should consult a local civil lawyer for further guidance. Your lawyer can provide general legal advice, answer any questions you may have, and explain complicated statutes or court procedures. You may also want to have a lawyer review your legal strategy to increase your chances of obtaining a successful outcome for your case.

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What Are The Pros and Cons Of Representing Yourself In Court?

Defending yourself in court is uncommon in our legal system, but there are instances where it does occur. The majority of people represent themselves in court for a variety of reasons. In criminal trials, a defendant may not want to pay or cannot afford a private counsel, or they may consider that a public defender would not represent their best interests throughout the trial, or their trial may be straightforward, and they believe counsel is not needed.

There are also cases where a defendant might distrust the system and believes that deviating from the norm constitutes a declaration of resistance. Another major reason might be that a defendant is already in jail and may embrace the benefits of pursuing their own case, such as access to the library. 

One of the most important realizations to have if you want to represent yourself is that you will be viewed in the same respect as an experienced attorney and will be expected to comprehend the laws as well as abide by the good etiquette and decorum of the court.

Common Legal Terms

Laws and judicial systems have their own language, and if you don't understand even the most basic terminology, you may be lost and highly confused throughout a proceeding. Many of the most often used terminology in court originated from Latin. Such words as Habeas Corpus (That you have the body), Per Curiam (By the court), and Pro Se (On one’s own behalf). We've compiled a list of some of the most commonly used legal words to assist you in comprehending some of the terminology used during a trial. The following legal phrases are important to understand since they may come up in conversations with your lawyer, legal documents, or even current events.

Plea Bargain

In many cases, a case is handled outside of the courtroom and does not even go to trial. This occurs when both parties reach an agreement in a procedure known as a plea bargain. Parties agree to a plea bargain for a variety of reasons, including but not limited to the following: 

• By avoiding a trial, both parties save money and time.
• Avoiding the possibility of a victim in a case reliving the memories of a horrible crime
• The prosecution does not trust what the jury might rule on in a jury trial. 
• The defendant may be able to escape a heavier sentence.

The plea bargaining process is mostly confidential, and the specifics are only revealed to the public once it is announced in court. This can avoid the extensive attention that comes with trials, particularly those involving high-profile clients. 

However, there are times when the plea agreement is subject to court approval, and there are times when the judge may disregard the plea bargain and proceed to trial. 

Verdict 

When the jury makes a decision in a dispute, it is referred to as the verdict. During a criminal trial, the jury will either find the defendant guilty or not guilty. In a civil matter, the jury will rule in favor of the plaintiff or the defense. If the jury finds in favor of the plaintiff, the defense will be accountable for compensating the plaintiff for the resulting damages. 

After the jury has rendered its judgment, it is customary for either party's counsel to request that the jury be polled. During this procedure, each jury member will rise and be asked individually if they agree with the decision. Once the polling is finished, the court will accept the verdict and declare the trial over. 

Oral or written evidence delivered by a witness under oath, affidavit, or deposition during a trial or other legal proceedings is referred to as testimony . During the course of the proceedings, witnesses for the defense and the plaintiff will be called to the stand. The witness is under oath while on the stand, and whatever they say is considered testimony and truth. Suppose the opposing side demonstrates through evidence and cross-examination that a witness is lying during your testimony. In that situation, they can dispute the testimony, rendering it useless and riddled with flaws. 

A grand jury is made up of 16 to 23 members who hear evidence from the U.S. attorney, who serves as the prosecutor in federal criminal matters. The grand jury decides if there is "probable cause" to suspect the person committed a crime and should face prosecution. If the grand jury believes there is sufficient evidence, the defendant will be indicted.

In the United States, the grand jury serves as an investigating body and can meet for as long as a year if necessary. The grand jury's capacity to undertake its investigations is unrestricted. The grand jury may request that the court obtain further evidence, such as witness testimony and document subpoenas. Ultimately, the grand jury serves as a barrier between the government and the people.

Standard of Proof 

The Standard of Proof is defined by Merriam-Webster as the amount of certainty and degree of evidence required to establish proof in a criminal or civil action. Three of the most common standards for proof are Clear and Convincing Evidence, Beyond Reasonable Doubt, and Preponderance of Evidence.

Beyond Reasonable Doubt is a standard of proof that is more directed toward criminal cases. The beyond reasonable doubt standard mandates authorities to demonstrate, by evidence, that the accused defendant is the lone person accountable for the act.

In the majority of civil cases/lawsuits and administrative hearings, the Preponderance of Evidence standard asserts that a party must show its claim or position by a preponderance, which is defined as dominance in weight, force, importance, etc. In personal injury and breach of contract disputes, a preponderance of evidence means that a party has proven that its version of the facts, causes, damages, or responsibility is more likely than not correct. Unless otherwise specified by law, this requirement is the easiest to meet because it applies to all civil cases.

When the plaintiff fulfills the burden of proof by demonstrating that their allegations have a greater than 50% chance of being true, the preponderance of evidence standard is applied. If a claim can be proven to have a higher possibility of being true than untrue, the burden of proof is met. Additionally, civil law cases are often subject to the preponderance of evidence tests.

Lastly, the Clear and Convincing Evidence standard is developed from the Preponderance of Evidence standard and requires evidence to establish that the issue at hand is very probable. This standard applies to civil proceedings and may appear in some types of criminal trials. This standard can also be used to establish that the evidence search was voluntary.

Burden of Proof 

The plaintiff is the person that took the case to court; therefore, they will have the burden of proving their argument is justified. The burden of proof is frequently divided into two concepts: burden of production and burden of persuasion.

The burden of proof may include, but is not limited to, the following, depending on the jurisdiction in the United States:

• Beyond reasonable doubt in criminal law.
• In will disputes, there is clear and convincing proof of fraud.
• Probable cause for obtaining a warrant or making an arrest.
• Reasonable belief as part of establishing probable cause. 
• Reasonable suspicion in cases involving police stops and searches. 

In a legal system, the burden of proof is critical to the result of a case. The law requires determining who is in charge of presenting evidence that supports or refutes a claim. It also outlines how much proof is necessary to achieve that goal.

What Are Some Of The Challenges of Representing Yourself?

Lack Of Knowledge - Contrary to popular belief, viewing courtroom dramas can never provide someone with the legal understanding necessary to defend a case in court efficiently. Criminal defense attorneys study the law for years in law school and continue to refine their abilities in court throughout their careers. Attorneys are trained to be extensively versed in all court processes. What you see in law dramas is merely that, a drama. The fact that even lawyers facing criminal accusations retain the assistance of other lawyers to represent them in court should emphasize this point.

Lack Of Experience - In some cases, the self-represented defendant may be more knowledgeable about their case than anybody else. While this may be true, it does not imply that you should represent yourself. Knowing your case does not indicate that you understand how the legal system operates. In the vast majority of instances, the defendant will be up against a seasoned litigator who has tried numerous cases and fully knows the trial process. Defendants representing themselves will be at a significant disadvantage in comparison to the opposing counsel, not only in terms of knowing and comprehending the large quantity of legislation but also in terms of knowing and understanding the individuals in the court. Most experienced attorneys are acquainted with judges, clerks, and bailiffs. Knowing the individuals in these positions does not guarantee success in court. It will, however, greatly assist in knowing how individuals want things to flow, what they want to hear, what they don't want to hear, what buttons not to press, and what they are lenient on. This is particularly true when it comes to the judge. 

Clouded Judgment - When someone represents oneself, their judgment may be affected since they are solely concerned with themselves. For example, a defendant may ignore the evidence and fight with emotions, ultimately undermining the defense. This is why having a lawyer advocate their client's interests comes in handy because the lawyer will debate the evidence and facts of the case without bringing emotion into the equation. Furthermore, when you argue with your emotions, you may produce unneeded interruptions that upset the judge and court and eventually waste the time of the jury. 

Right To Self Representation

The Sixth Amendment to the United States Constitution states that in all criminal proceedings, the accused has the right to a timely and public trial by an impartial jury of the State and district in which the offense was committed. The Supreme Court concluded in the historic Faretta v. California case in 1975 that the sixth amendment implies an independent constitutional right of self-representation that a defendant may exercise. However, one of the requirements that were set in place was that the individual seeking to self-represent oneself must waive the right to counsel willingly, voluntarily, and intelligently. 

Even if you have the constitutional right to self-represent, it is never recommended. Self-representation is a risky and tough duty for someone who does not completely comprehend the intricate details of our legal system. That is why you must consult with an experienced attorney who will be able to assist you at every level of the trial. 

Sovereign Citizen

If you have watched the cases of defendants defending themselves, you may have heard someone refer to themselves as sovereign citizens. The FBI describes sovereign citizens as anti-government extremists who believe that, even though they live in the United States, they are independent or "sovereign" from the country. Furthermore, sovereign citizens believe that they are not only not required to respect the laws but that they are fully immune from them. Most employ conspiracy theories or false allegations to legitimize their status as sovereign citizens. 

The case of Darrell Brooks v. The State of Wisconsin is one of the most recent and well-watched trials in which the defendant claims sovereign citizen status. During the trial, Darrell Brooks heaved numerous accusations against the court and the judge's legal grounds for hearing this case, including questioning her oath of office or whether she had even taken the oath of office, requesting proof of subject matter jurisdiction , and claiming that there is no plaintiff in his case because a plaintiff must be a living and breathing human being, not an entity. 

Although many courts and jurisdictions recognize the term "sovereign citizen," it has no definite significance in our legal system. As in the Darrell Brooks case, Judge Durrow recognized the accusations, took notes, and proceeded with the trial. Even though the sovereign citizen movement has grown in popularity in our legal system, it never works because it lacks legal foundations. So claiming to be a sovereign citizen is not the greatest idea since it will not in any way benefit you in your trial. 

Why You Should Hire An Attorney

It is always a good idea to hire a lawyer whether you are representing yourself in civil court or representing yourself in criminal court. Court processes may be intimidating, time-consuming, and even confusing at times. Furthermore, if you are representing yourself, you might gravely jeopardize your case if you fail to file crucial documents on time or if you file the wrong document entirely. 

Having a lawyer on your side may help you gather evidence for your defense, exchange information through the discovery process, negotiate plea bargains, and settle a dispute before it goes to trial. Seasoned attorneys also have access to a large network of specialists who can comb through the material and uncover flaws that can help you and your attorney contest the evidence in your case. 

 Furthermore, without the necessary legal knowledge, you may be unable to discern if critical evidence against you was obtained unlawfully or whether a witness' testimony contradicts previous statements. And, at each point during the investigation, was the evidence handled appropriately by the crime lab? Your lawyer will be aware of these developments and may be able to have the evidence suppressed.

While it is lawful for anybody not to employ an attorney, each circumstance is unique, and court processes are quite fluid. In some cases, failing to hire an attorney can result in broken agreements, lost claims, or even prison time. That is why it is critical that you employ a seasoned and well-educated attorney to assist you in seeking the justice you deserve.

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