The Latin phrase pro se means “for oneself.”  In a legal context, it’s used to refer to a criminal defendant or a civil litigant who represents himself at court.  Criminal defendants have a constitutional right to represent themselves.

According to the Supreme Judicial Court:

“[W]e have noted the importance of protecting the defendant’s autonomy in decisions relating to his defense. Even in the face of the obvious truth that the average defendant lacks the skill necessary to protect oneself in a criminal proceeding, the United States Constitution and the Massachusetts Constitution protect a defendant’s right to proceed pro se because it is the defendant who must suffer the personal consequences of a conviction. It is the defendant who must be free personally to decide whether in his particular case counsel is to his advantage. And although he may conduct his own defense ultimately to his own detriment, his choice must be honored out of that respect for the individual which is the lifeblood of the law.”

Commonwealth v. Federici, 427 Mass.740, 744 (1998).

Nevertheless, the right to represent oneself is not absolute and anyone wishing to act pro se in criminal proceedings must raise the issue with the court in a timely manner.  See Commonwealth v. Lamiere, 50 Mass.App.Ct. 271, 275, Note 2.

Additionally, the trial judge will almost certainly warn the pro se party that he will be held to the same standard as a practicing lawyer.  If the judge deems it necessary, he may also  appoint stand-by counsel for any defendant who chooses to represent himself.  As the name implies, stand-by counsel remains alongside the defendant during the proceedings in case the defendant wants his or her advice.

For anyone bold enough (or foolhardy enough) to act as his own criminal defense attorney, I suggest you check out these related blog posts: