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

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.

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Publication Details

Journal
Behavioral Sciences & the Law
Published
2025-03-28
DOI
https://doi.org/10.1002/bsl.2724
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

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

Shai Farber
Behavioral Sciences & the Law
Criminal Justice and Corrections Analysis
article

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

Shai Farber
article en

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.

Behavioral Sciences & the LawVol. 43(4)
The Max Stern Yezreel Valley College (IL)
Peace, Justice and strong institutions
Openalex Percentile: Top 92%
Criminal Justice and Corrections Analysis
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Beyond Legal Rights: Understanding Mental Health and Autonomy in Criminal Self‐Representation — Shai Farber · Behavioral Sciences & the Law (2025) | TGRS Research Map | TGRS