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Pro se legal representation in the United States
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Pro se legal representation in the United States : ウィキペディア英語版
Pro se legal representation in the United States

''Pro se'' legal representation ( or ) comes from Latin, literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. ''Pro se'' is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as ''propria persona'' (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".
According to the National Center for State Courts 2006 report, in the United States, many state court systems and the federal courts are experiencing an increasing proportion of ''pro se'' litigants. Estimates of the ''pro se'' rate of family law overall averaged 67% in California, 73% in Florida's large counties, and 70% in some Wisconsin counties.〔 In San Diego, for example, the number of divorce filings involving at least one ''pro se'' litigant rose from 46% in 1992 to 77% in 2000, in Florida from 66% in 1999 to 73% in 2001.〔 California reports in 2001 that over 50% of family matters filings in custody and visitation are by ''pro se'' litigants. In the U.S. Federal Court system for the year 2013 approximately 27% of civil actions filed, 92% of prisoner petitions and 11% of non-prisoner petitions were filed by ''pro se'' litigants. Defendants in political trials tend to participate in the proceedings more than defendants in non-political cases, as they may have greater ability to depart from courtroom norms to speak to political and moral issues.
==History==

The right of a party to a legal action to represent his or her own cause has long been recognized in the United States, and even predates the ratification of the Constitution.
The Supreme Court noted that "()n the federal courts, the right of self-representation has been protected by statute since the beginnings of our Nation. Section 35 of the Judiciary Act of 1789, 1 Stat. 73, 92, enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that 'in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of counsel.'"〔'Faretta v. California'', 422 U.S. 806, 813 (1975)〕
In ''Faretta v. California'',〔''Faretta v. California'', 422 U.S. 806 (1975)〕 the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings. That said, the right to represent oneself is not absolute. It is the Court's right and duty to determine if a particular individual is capable of representing himself, and can inquire into the individual's lucidity and mental status to make that determination.〔''Indiana v. Edwards'', 554 U.S. 164 (2008)〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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