criminal-law pro-se
Can a pro se defendant make statements of fact in his opening and closing arguments?
<p>If a defendant in a criminal case testifies on the stand, then they must submit to cross examination, which is not good for them.</p>

<p>However, if a defendant is conducting his case pro se, then can he make statements of fact during opening and closing arguments and thereby avoid cross examination of those facts or statements. Will a judge try to prevent this?</p>

<p>For example, imagine a defendant is charged with vehicular manslaughter for running over a pedestrian. The defendant conducts his own defense and in his closing arguments says, "The man ran in front of my car, there was no way to stop in time" and this fact has not been introduced to the case previously. Will the judge in such a case try to stop the defendant from making such a statement in his closing argument?</p>

<p>The general rule is that in the opening statement, the lawyer may describe what he expects the evidence and testimony to show:</p>

<blockquote>
  <p>We will present Mr Smith, who will tell you that he saw the defendant miles away at the time of the crime </p>
</blockquote>

<p>But cannot make statements of fact as such. I don't see why this rule would be different for a <em>pro se</em> defendant.</p>

<p>In a closing argument, as i understand the rule, the lawyer may and often will say things like "As witness X testified, there was no time to stop" but is not supposed to introduce new alleged facts not supported by the evidence. However, in a closing, a lawyer can and often does draw conclusions from facts supported by testimony. "My client was proved to have been in the next town 20 minutes earleri, so obviously he could not have committed the crime."</p>

<p>Again, i don't see any reason why these rules would be different for someone acting <em>pro se</em>.</p>

<p>My understanding is that you can make statements of fact as a pro se defendant, but the judge can choose to ignore those statements; however, the judge cannot use those statements against a pro se defendant as inculpatory evidence or admissions of guilt. </p>
