Yes, I know. 'The Midget' hasn't posted on here in a millenia's worth of fortnights... or blue moons... or tendays... whichever. Anyway, I have an idea for a comic that involves real-life law stuff, meaning I want it to be SOMEWHAT accurate. I was hoping someone on here was a law student who really knew their stuff, or were themselves, a lawyer. Anyway, if you think you can help me out, message me, or post here, or... something.
Also, because I've been gone for a while and am completely oblivious, where'd the comic page go?
Law students, (or lawyers) come unto me!
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DarkMidget
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Law students, (or lawyers) come unto me!
"Every work of art throughout history would be improved by the addition of ninjas" - Unknown
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The Pious Flea
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DarkMidget
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DarkMidget
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CyberTractor
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DarkMidget
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XD I just need a law student (or lawyer with a lot of free time) to help me with certain court proceedings, and such like that. Like moving to strike, etc. I don't want to have to look up on wiki for ALL answers to life ya know XD Hahahah
"Every work of art throughout history would be improved by the addition of ninjas" - Unknown
Not to be a jerk or anything, but if you need extensive counseling on something of a legal nature, I doubt anyone would be willing to do that for free (I'm pretty sure lawyers charge for their time, even for phone consults).
There are things in this world that I dislike. One of the things I dislike the most is a serious argument, well constructed, delivered by someone who makes themselves difficult to respect.
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CyberTractor
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I know the basics of how trials work. I was on the debate team for a few years and our final every year was a mock trial.
Is it a jury trial (where a jury of 12 decide the verdict) or a bench trial (a judge solely decides)?
Also, is it a criminal trial (where someone is accused of an actual crime) or a civil trial (where it is two parties of people against each other, like companies)?
I'm not a lawyer, but to the best of my knowledge here is how a trial works...
!! This is all assuming it is a criminal trial. Most of the info works for either bench or jury trials. !!
Before the trial even starts, both the defendant and the prosecutor are sent what is called an information, which is a document containing all documents that could possibly be presented in court, including pictures, pieces of evidence, people's statements, and a list of witnesses.
(Unlike in movies, there are never last minute finds in evidence that prove guilt or whatnot, and if there is, it could possibly be thrown out because the investigation was supposed to be over. Usually only under extreme circumstances will such evidence be allowed, and it has to be talked about in private between both attorneys and the judge to see if it will be submitted.)
The first thing that happens in-court is the pleading of not-guilty.
Next, are the opening statements. The defending attorney goes first and states how he intends to defend his client's innocence (remember, innocent until proven guilty).
The burden of proof goes to the prosecutor. He must prove that the defendant committed the crime, all parts of the alleged crime actually occurred (if multiple parts), and that you had motive to commit the crime (Generally unless it is third degree. First degree is generally intent to kill a specific person, second degree is basically when you kill someone but didn't plan on that exact person to die).
After the opening statements comes the cross examination. This is where you basically challenge people's statements that they gave prior. The more valuable the statement, generally the harder the attorney tries to poke a hole in it. They do this by questioning if they are biased (like hating the person or such), if details deviate from what they said earlier, or if they were not able to see the crime clearly enough to be a witness.
If the witness says something that the opposition does not agree with, they must challenge it or risk losing credibility towards the judge. After the prosecution rests (they get to cross examine first) it is the defense's turn to cross examine the witness.
After the prosecution no longer wants to call witnesses to the stand, the defense gets to call their witnesses to the stand. If the defendant himself does not wish to testify, they do not have to. If you choose not to testify, then the prosecution cannot cross examine you.
If the prosecutor still has not presented evidence of one part or more of the crime, you can ask the judge to dismiss the crime ("Your honor, I would like to dismiss blah because blah.")
Here's the fun part that Phoenix Wright taught us. Objections.
There are two main objections in court cases: hearsay and voir dire. Hearsay is exactly what you think it is: you hear someone else say something and you want to repeat it. That's bad. The person who actually said it has to come in and testify to what they said, otherwise the evidence can be thrown out if objected. Voir dire is when unusual evidence is trying to be used, and can be objected to. (Voir dire is also the name of the process in which the jurors are chosen.)
A strike is when the juror is instructed to 'forget' what he learned in case an objection is sustained. The evidence is considered false and the juror cannot make a ruling on it.
Lastly, after all the cross examinations are finished, comes the submissions (or closing statements, and I've heard it called the plea before). Here, the defense explains why the defendant is not guilty due to lack of evidence and vice versa for the prosecution. No new evidence may be presented now.
Here's where the jury and bench trials differ. Bench trials are decided by the judge on the spot, while jury trial adjourns while they jury deliberates. Once the jury reaches a unanimous decision, the court convenes again and the sentence of guilty or not guilty is given. If no unanimous decision was given, then it is a hung jury (in which case the trial is a mistrial and could be retried, or the jury could deliberate one more time).
If the defendant is not guilty, he can leave. If guilty, he must wait for the penalty or sentence and if jail time be transported.
That should cover most of the basic proceedings. If you have anything else in particular you wanna know, go ahead and ask me.
EDIT: Keep in mind I'm American and not sure if any of this differs from the Canadian legal system.
Is it a jury trial (where a jury of 12 decide the verdict) or a bench trial (a judge solely decides)?
Also, is it a criminal trial (where someone is accused of an actual crime) or a civil trial (where it is two parties of people against each other, like companies)?
I'm not a lawyer, but to the best of my knowledge here is how a trial works...
!! This is all assuming it is a criminal trial. Most of the info works for either bench or jury trials. !!
Before the trial even starts, both the defendant and the prosecutor are sent what is called an information, which is a document containing all documents that could possibly be presented in court, including pictures, pieces of evidence, people's statements, and a list of witnesses.
(Unlike in movies, there are never last minute finds in evidence that prove guilt or whatnot, and if there is, it could possibly be thrown out because the investigation was supposed to be over. Usually only under extreme circumstances will such evidence be allowed, and it has to be talked about in private between both attorneys and the judge to see if it will be submitted.)
The first thing that happens in-court is the pleading of not-guilty.
Next, are the opening statements. The defending attorney goes first and states how he intends to defend his client's innocence (remember, innocent until proven guilty).
The burden of proof goes to the prosecutor. He must prove that the defendant committed the crime, all parts of the alleged crime actually occurred (if multiple parts), and that you had motive to commit the crime (Generally unless it is third degree. First degree is generally intent to kill a specific person, second degree is basically when you kill someone but didn't plan on that exact person to die).
After the opening statements comes the cross examination. This is where you basically challenge people's statements that they gave prior. The more valuable the statement, generally the harder the attorney tries to poke a hole in it. They do this by questioning if they are biased (like hating the person or such), if details deviate from what they said earlier, or if they were not able to see the crime clearly enough to be a witness.
If the witness says something that the opposition does not agree with, they must challenge it or risk losing credibility towards the judge. After the prosecution rests (they get to cross examine first) it is the defense's turn to cross examine the witness.
After the prosecution no longer wants to call witnesses to the stand, the defense gets to call their witnesses to the stand. If the defendant himself does not wish to testify, they do not have to. If you choose not to testify, then the prosecution cannot cross examine you.
If the prosecutor still has not presented evidence of one part or more of the crime, you can ask the judge to dismiss the crime ("Your honor, I would like to dismiss blah because blah.")
Here's the fun part that Phoenix Wright taught us. Objections.
There are two main objections in court cases: hearsay and voir dire. Hearsay is exactly what you think it is: you hear someone else say something and you want to repeat it. That's bad. The person who actually said it has to come in and testify to what they said, otherwise the evidence can be thrown out if objected. Voir dire is when unusual evidence is trying to be used, and can be objected to. (Voir dire is also the name of the process in which the jurors are chosen.)
A strike is when the juror is instructed to 'forget' what he learned in case an objection is sustained. The evidence is considered false and the juror cannot make a ruling on it.
Lastly, after all the cross examinations are finished, comes the submissions (or closing statements, and I've heard it called the plea before). Here, the defense explains why the defendant is not guilty due to lack of evidence and vice versa for the prosecution. No new evidence may be presented now.
Here's where the jury and bench trials differ. Bench trials are decided by the judge on the spot, while jury trial adjourns while they jury deliberates. Once the jury reaches a unanimous decision, the court convenes again and the sentence of guilty or not guilty is given. If no unanimous decision was given, then it is a hung jury (in which case the trial is a mistrial and could be retried, or the jury could deliberate one more time).
If the defendant is not guilty, he can leave. If guilty, he must wait for the penalty or sentence and if jail time be transported.
That should cover most of the basic proceedings. If you have anything else in particular you wanna know, go ahead and ask me.
EDIT: Keep in mind I'm American and not sure if any of this differs from the Canadian legal system.
I can't think of a signature.
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DarkMidget
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CT, you are my hero XD Yeah, that's basically what I had in mind when asking for help of this nature.
And Philes... what the hell are you talking about? XD I don't want legal counsel... at all... I just wanted to know stuff about court proceedings and such... I am confused as to how you thought I needed legal counseling. I haven't murdered anyone or anything... yet. XD
And Philes... what the hell are you talking about? XD I don't want legal counsel... at all... I just wanted to know stuff about court proceedings and such... I am confused as to how you thought I needed legal counseling. I haven't murdered anyone or anything... yet. XD
"Every work of art throughout history would be improved by the addition of ninjas" - Unknown
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CyberTractor
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DarkMidget
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