Political Trials and the "Pro Se" Defendant in the Adversary System

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Abstract
The struggle for political power in American society frequently finds its way into the courtroom. Sometimes political trials result. This paper draws upon several such trials to analyze the goals and behavior of their participants, especially the defense. Often political defendants and their lawyers wish, for several reasons, to introduce ideological issues into the proceedings, creating a degree of conflict lacking in most ordinary criminal cases. As part of this strategy, many political defendants refuse to play the passive role expected of them in court. Those who act as their own attorneys may uniquely advance the goals of a political-legal defense. Ignorant of judicial procedure, their ability to depart from courtroom norms by speaking to political and moral issues is typically greater than that of most attorneys, who are bound by their obligations as officers of the court. The increased participation of these defendants in all aspects of the trial may also help to win sympathy from the jury.

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