Table 1

Functional Legal Competencies Needed to Self-Represent

Master Basics of Criminal Procedure and Evidence
    Comprehend and adhere to the rules of criminal procedure
    Comprehend, apply and execute the rules of evidence
        Learn scripts for entering exhibits into evidence.
        Learn available exclusionary challenges to prosecution evidence.
Pre-Trial Preparation
    Investigate and Compile Relevant Facts
        Interview witnesses.
        Collect documents that bear on the circumstances of the case.
    Develop a Theory of the Case
        Analyze and identify evidence in support of and against the charges.
        Identify plausible legal defenses to the charges.
    Prepare Motions
        Identify motions that need to be filed to protect constitutional and procedural rights.
        Develop arguments in support of motions.
        Research and cite relevant law and cases in support of arguments.
        Write memos to present arguments in support of motions.
        Prepare and submit motions to the court in accord with procedural requirements.
    Prepare for Direct Examinations
        Identify witnesses to call to support defense and prepare subpoenas.
        Prepare direct examination questions for each witness.
        Decide on evidence to be admitted in support of testimony.
    Decide on Jury Strategy
        Decide on type of jurors who will be favorable to case.
        Prepare voir dire questions.
Trial Tasks
    Select Jurors
        Review jury questionnaires and identify jurors to challenge.
        Conduct voir dire and exercise preemptory challenges.
    Deliver Opening Statement
    Conduct Direct Examinations of Witnesses and Experts
        Follow pre-prepared script and keep witnesses on point.
        Respond to prosecutor's objections to direct questions.
        Enter supporting materials into evidence.
    Conduct Cross Examinations of Prosecution Witnesses
        Listen to the testimony of prosecution witnesses.
        Object to violations of the rules of evidence.
        Develop cross examination strategies based on witness testimony, supporting materials entered into evidence and materials collected during discovery.
    Deliver Closing Argument
        Review and analyze evidence presented by prosecution.
        Identify points of rebuttal based on evidence presented during trial.
        Create coherent story in support of innocence of charges.