Court proceedings - Writers Forum

Creative Writer · 07-15-2005, 05:41 PM

Does anyone know any good sites I could figure out what typical court proceedings look like? I'm in the place in my novel where there was just an arrest for murder. I know there's things like grand jury indictment, jury selection, etc. before the actual trial, but I want to make sure I'm not missing anything.

Thanks in advance.

Saponification · 07-15-2005, 07:18 PM

What country is your novel set in?

Creative Writer · 07-15-2005, 09:20 PM

Hodge · 07-15-2005, 10:05 PM

Ask someone who's served on jury duty. Your parents probably have at one point in their lives.

Anarkos · 07-16-2005, 08:04 PM

Alternatively, just walk into court and sit in the public gallery and watch it for yourself.

mammamaia · 07-17-2005, 08:24 AM

if this is set in the us, read the novels of scott turow and other major court-setting mystery writers... the newish L & O series, 'trial by jury' is good for all such details, as are the original episodes' law half...

in the uk, the rumpole of the bailey tv series will provide the same detail...

Anarkos · 07-19-2005, 01:52 AM

As a law student, I can say that the vast majority of fictional reproductions of court-cases are absolutely inaccurate and should in no way be used as reference.

Go sit in on a trial.

Also, um, criminal law is exceedingly complicated. If you try to write an account of a trial without at least a basic understanding of the law, both in statute and in common law, and legal concepts such as mens rea and actus reus, then you will look silly.

mammamaia · 07-19-2005, 08:23 AM

that's true, anarkos... but some are well done, being overseen or written by attorneysor by authors who are meticulous about their research and authentic detail... those are the ones i would recommend... sitting in on a trial alone won't do a new writer all that much good... s/he needs something close at hand to study and refer to as the writing progresses... which is why i advise using books and videos...

Anarkos · 07-21-2005, 07:57 AM

I suppose, although it really depends on what (s)he's writing. For example, if it's written in first-person from the perspective of a relation of the victim/accused with no legal background, say, sitting in on a few trials is a great way to learn how the system works, through an observer's eyes. If, however, it is written from the perspective of a lawyer or other legal expert, neither watching a trial nor reading about'em will provide nearly enough knowledge and so on...

I should also point out that different jurisdictions have quite different courtroom practices, so depending on the setting and the author's location, either one or both of our pieces of advice could be useless.

mammamaia · 07-21-2005, 08:16 AM

i agree and disagree...

the local factor is important, for sure... but the advice given here is all useful, imo... good, thorough research is a vital part of the writer's art... and all the various methods noted above can provide needed info...

Emily Mann · 09-02-2005, 08:17 PM

As a lawyer in NY, I can say that all the L&Os are very accurate - as to NY law, anyway - in terms of police and trial procedure, even to the point of citing real cases for their correct holdings. If you go and sit in on a trial, you may be there for days while the lawyers select a jury, engage in sidebar and settlement conferences, all out of the view of the spectators. Do you have any trial lawyers in the family or friends of friends? I'm sure they'd love to talk to you for a few hours and tell you everything they know.