Lawyerup09

Fiction Tool Box

http://www.fictiontoolbox.com/p/random-samplings-from-justice-4-sale.html

THE BOOKSHELF MUSE - ANGELA ACKERMAN

The Bookshelf Muse THIS ONE IS BRILLIANT. ACKERMAN DOES JUSTICE FOR THE COURTROOM

Setting Thesaurus Entry: Courtroom  

Posted by Angela Ackerman

July 03,
2010

Sight

Gleaming polished wood (paneled walls, the bench, witness stand, chairs, tables, doors, lectern), small desk for the court reporter next to the Judge's bench (enclosed) & Court clerk, the bar (wooden railing or barrier separating the proceedings from the gallery (benches or theatre seats for the public), jury box off to the side, jury members headed by the foreperson, black-robed judge, bailiff standing at attention at one wall or near front to keep order, microphones, reporters, camera crews (in high profile cases unless closed proceedings), gavel, some courtrooms have bulletproof glass protecting the gallery or encasing the witness box, federal and state flags, clock, tagged bags of evidence, posters/slide shows/reenactments, crime scene photos, closed circuit television, desks for the plaintiff & Defendant, handcuffs, door leading to judge's chamber, wide central corridor in the gallery seating area for the witnesses to be brought down, windows are highly secure or there are no windows, files, paperwork, computers, monitors/projector/screen/ELMO/easel for presenting evidence, remotes, audio equipment, lawyers, witnesses for the defense or prosecution, family, friends, and the public seated in the gallery (wringing hands, clutching hands tight in front of themselves, holding tight to purses like a shield, taking notes, wiping at tears, covering mouth, nervously fingering jewelry at wrist and neck, arms crossed, stoic & tense postures, listening intently)

Sounds

Fans, whooshing air conditioning, gurgling pipes in the walls, traffic outside, sirens outside, shifting in seats, wooden chairs creaking, the rustle of papers, testimony being given, footsteps across the polished floor as the prosecutor/defence attorney addresses the court or questions the witness, throat clearing, coughing, sniffing, quiet sobbing, the clink of chains if the defendant is secured by handcuffs or ankle cuffs, feedback from the microphones, a creaky gate in the bar, the rustle of fabric, audio evidence (taped phone calls, sound for a security video, etc), whispering, the Judge's pounding gavel, lawyers speaking to the court, gentle tapping from the court reporter's box, reactive gasps at evidence or testimony, doors opening and closing

Smells

Light scent of treated wood (lacquer, polishes, varnish, etc), pine or lemon cleaner, air conditioned air, sweat, perfume, hair products & cologne all mingling in the air, stale or coffee breath from the people you sit near, paper, warm electronics (acrid plastic, metallic tang from projectors, etc)

Tastes

Water, tears, gum/mints/cough drops, dry mouth

Touch

Hard wooden seat, arms brushing against spectators next to you, gripping onto a crumpled Kleenex in one tight fist, fiddling with a key fob, zipper tab, watch, piece of jewelry, hands clenched tight, fingernails biting into pads of palms, rubbing at face, pinching the bridge of the nose, wiping at tears and nose, biting down on a lip, shaking hands, tense, rigid posture causing tight muscles and neck, walking down the aisle toward the witness stand, heat prickling against skin at feeling all eyes upon you, raising right hand to swear in, sorting through papers, files, etc. the cool touch of a plastic evidence bag, standing up and sitting down, clicking a remote to change an evidence slide or start a video feed, rolling a pen with fingers, jotting down a quick note on a legal pad, passing a note to a client or coworker, leaning over to whisper in another's ear, reaching out to cover the microphone to prevent being overheard, cold glass against palm as you take a sip of water, sweat dripping down back and sides in a stifling hot, airless courtroom, crossing/uncrossing legs, shifting in seat, crossing feet, putting hands in pocket to hold a cherished item to draw strength from, squeezing a loved one's hands as the verdict is read, head hanging in defeat, heaviness in shoulders for the convicted, a lightness in chest, breath and shoulders if exonerated.

Helpful hints:


--The words you choose can convey atmosphere and mood.

Example 1:

The court clerk called my name and I stood, swaying a little as the humid air caused a moment oflightheadednesss. One deep breath and I steadied enough to head to the witness stand, my heels making loud tocks against the gleaming floor. Lord above, why hadn't I chosen more sensible shoes? Were the jurors wincing as I was, praying I'd hurry up and cross this ocean of  tile? Poor Tom must be cursing the moment he asked me to come in and testify as his character witness.

Example 2:

The prisoner sauntered in, his orange jumper and the chains at his ankles doing nothing to dampen the bright smile on his face. The room froze and every eye was upon him: this monster, this horror of a man. In the gallery, women covered their lips with their hands and the men shook their heads. You could practically see the same thought run through each person's mind: how could he, or anyone, poison the drinking supply of a school?


--Similes and metaphors create strong imagery when used sparingly.

Example 1: (Simile)

After three witnesses in a row were found in contempt of court, Judge Gilmore pounded his gavel against the sound block as erratically as a contestant on Canada's Worst Handyman.

Example 2: (Metaphor)

Damning evidence aside, the accused's shoulders bowed under an anvil of guilt, and he refused to make eye contact with anyone. The jury had probably already convicted him on his body language alone.

PART 11: DO YOU HAVE TO BE AN ATTORNEY TO WRITE A KICK-ASS LEGAL THRILLER? A review of Howdunit Forensics A Guide for Writers by D.P.Lyles, M.D.

Yes! I ordered the right book. FORENSICS: HOWDUNIT? A guide for writers, by D.P. Lyle, MD

Call me a geek (which I am so not-I actually hate the science boring part of the law…) but I jumped right into the book and read from cover to cover beginning at Chapter 1, not skipping around, and I am loving this book.

O.K., now I need to go back to the main point of part 1 of DO I NEED TO BE A LAWYER TO WRITE A KICKASS LEGAL/THRILLER? No, but you have to do your homework, prepare, and become far more than just familiar with the Judicial system and how the court and District Attorneys offices operate.

Here is my Basic list of requirements for a non lawyer to write a believable legal/thriller

1. You have to gain a full understanding of the law , in the state and in the area of the place where you book, or your crimes and criminal procedure occur
2. This means learning more than just the difference between a felony and a misdemeanor.
3. Recognize that the state law are different in every state and Federal law is much different than state law
4. Know the penalties for the crimes that your write about in your book
5. This is important & sometimes difficult to accept: You have to have a working and understanding knowledge of the "hot spot" or touchy issues in your book's town, city, and state. What the current trend is for treating someone accused of this crime-it does vary from place to place and time to time

   

For example, I live in Louisiana, and to other people we are often considered "another breed"

. Our teens are permitted, encouraged to share wine at the dinner table with us. We would never admit condoning drinking for under aged persons, but we know our kids will get blasted at Mardi Gras

; they will go into bars while underage, on Bourbon Street. We did and generations to come will as well. In S. Louisiana, drinking is not typically treated with the same penalty (even DUI) as you will find in most normal areas of the country. L.S.U fans are given great latitude on game night and they can be horrible. In La. It is pretty much a free for all right now. Pigs have flown, hell is frozen, DA saints won dat Bowl and we have drive through Daiquiri liquor stores. We either have a bookie to place our college and pro ball wagers with, or have friends who do, or we are lying.

1. SO what I am stressing is that you know your public policy, not just the letter of the law in your novel's city. Is it Sin city? Is it Vegas? If it is Vegas and you have your protagonist get arrested at his bachelor party because prostitutes are in attendance…ain't gonna be believable.
2. On the flip side, go to any mid western Farm community and forget to throw the maximum penalty at a drunk driver; you would have MADD all over you Sad butt.
3. Remember to treat college towns different; students are usually given more latitude. But know the difference in how a policeman on the Ole Miss Campus will react as opposed to a police man on campus of Texas Christian University
4. Even harder to swallow: Each D.A. can and does chose which charges to bring, how to proceed and the penalty if convicted and this is a choice made by the DA at the sole discretion of the DA. It is a completely subjective decision and varies vastly, not just form one DA's office to another, but even from one assistant D.A. in the same office to another.
5. We all have our subjective pet peeves. Mine was child abuse or domestic violence. Hit a woman, and buddy your butt's going to jail. My junior assistant DA, in the very same courtroom , is a male and he thinks that unless the woman is black and blue and requires hospitalization, the situation should be resolved as a family issue and outside of the courtroom
6. My husband did a stint as a head prosecutor and being the former hippie ( I refuse to elaborate) that he is~he would NEVER convict a young college kid of possession of marijuana even if caught red handed, if

• The kid is a student- he just will not ruin a kids education for a mistake
• In the military

  If he gives you a second chance which he believes in because if not given one himself we would not be a lawyer, and you make a fool out of him; he is going to come down extra hard if he ever sees you in his courtroom again

I can't possibly go over every crime: just know how subjective it is and how vastly different it is from one state to another. Is this fair? Not for me to say, but if your book is to be believable it has to be accurate

YOUR LEGAL/THRILLER CHEAT SHEET

1. Take the time to schedule appointment(s) plural with the following agencies and let them explain their policies and procedures to you

• The local District Attorney
• Local Judges
• Coroners/Forensic Pathologist
• Crime Lab experts
• Private investigators
• A handful of PRIVATE defense attorneys
• The Local Public Defenders Office
• Sheriff's office
• City Police
• State Police
• Narcotics Agencies
• K9 agencies
• Tax Accessor
• Clerk of Court
• Court Reporters
• Funeral homes
• Ambulance companies
• Independent companies that transport dead bodies to the morgue
• DNA experts
• Serologist
• Questioned Documents experts
• Hand writing exemplars
• Finger print experts those who take prints & those who actually analyze them
• Other municipality, County or Parish government agencies
• Ballistics experts
• Crime Scene techs
• Chain of custody experts
• Toxicologist
• Bac Breath and or Blood alcohol intoxylizer 5000 administrators
• Dental experts
• Cause of death experts
• Fire arms experts
• Gun Powder residue experts
• Trauma nurses and doctors
• Life care helicopter medical personnel
• Blood spatter experts
• Crime scene reconstructionist
• Latent prints
• Expert in AFIC system or NCIC, criminal background checks
• Impression experts, tire prints, shoe prints etc. with DNA, its not just blood, speak to the experts who analyze hair, fiber, semen, saliva, and all other bodily fluids

ADDITIONALY, MAKE TIME TO SCHEDULE APPOINTMENTS TO DO THE FOLLOWING, UNLESS AN APPOINTMENT IS NOT REQUIRED, THEN MAKE SURE TO FOLLOW THROUGH ON YOUR OWN AND TAKE CAREFUL NOTES AND BE A GOOD OBSERVER

1. Go to the State court houses and Federal Courthouses and sit though a minimum of a few Jury Trials from beginning to end- from jury selection to rendering of verdict
2. Talk to jurors who have served
3. Observe many bench (judge) trials
4. Observe each & every different type of a docketed criminal proceeding (at least once)if you expect to understand the lingo and process enough to write about it.

• Arraignment
• Pre-trial conference
• Motions and hearings day
• VOPS- Violation of Probations trials
• Preliminary examination
• Sentencing
• Remanding a defendant into the custody of the department of corrections
• Listen to a judge hand down a sentence in a capital murder trial for death by lethal injection. I promise you, it is an event that will stay with you forever in a hauntingly way
• Visit jails
• Minimum, medium and maximum security prisons
• Talk to inmates
• Visit your state Penitentiary, Angola in La. Talk to lifers
• These list and suggestions are just the beginning of what you will want to do so you can comprehend the process

Now, I have to return to my book that arrived. If you read my earlier blogs then you know that I stumbled upon a web site recently that I cannot stop raving about.

http://writersforensicsblog.wordpress.com/

So picture me ripping though my brand new box of books and reading my new favorite forensic writer's helper book. I was so engrossed and captivated that I did not notice until over half way through, that the brilliant writing was by none other than Dr. Lyle, the one and the same author of the greatest blog for writers I have found to date.

If I were qualified to give a book review this would receive the best and shoot straight to the new York times best reviews and best seller list where it will remain forever.

I can't begin to cover all of what this writer has done for writers of legal fiction. This would turn in to a 20 part series... I can tell you that all the list I have supplied to you are important, but if you have even a general idea of how the system operates, this one book can all but replace the list. You simply have to read HOWDUNIT? FORESNICS FOR WRITERS

Like most prosecutors I always hated having to present the boring science stuff to a jury. Post O.J. Simpson juries and the juries of CSI watching America dig the boring. Science stuff and they want it. So that means we have to be able to present it to them in a manner they can comprehend and still entertain them. how? With this book

Dr. Lyle's book and blog serve three major purposes for me

1. His is now my one and only go to source for forensics. I no longer need the other ten books, each one explaining something different like DNA or Fingerprints; he wraps it all up in one book and gives real life cases and keeps you entertained. It is Forensic Magic
2. Howdunit? Is my go to reference, not just for my crime writing, but as a trial lawyer it is my first and I am sure only source needed to prepare my criminal cases for trial
3. If you are ever in need of a cool and accurate medial/legal thriller plot or subplot, look no further. He even supplies story ideas for you

www.dplyemd.com

www.writersforensicblog.blospot.com

http://www.hodrw.com/cop1.htm

www.writersdigest.com

Please, check back this weekend. I invite you to read part three in this series of forensic evidence , and to answer the question: Do you have to be a lawyer to write a Kick-Ass Legal Thriller?"

Saturday, 2/13/2010- please read our full review of Dr. Lyles Forensic Hot Book "HowDunnit" where his has mastered the art of explaining how it is dun, ~~crime that is. Lyles book is an enjoyable and comprehendible read that also entertains. A scientific book that entertains??? Here in Louisiana we call that voodoo or Magic.

In other words…..Howdunit Forensics guide for writers, written by D.P.Lyle, M.D. a writers Digest book is evidence of just how brilliant and talented this writer is.

HowDunit, by D.P. Lyles- read it. It will become your little black book that you must have in your briefcase prior to beginning another criminal trial. The last & only Forensic reference book a trial lawyer will use~~~~~~~~~~Daryl Gold, Criminal Defense; Capital Assistance Project of Louisiana, Trial Lawyer- 35 years

"Howdunit"- A Guide For Writers FORENSICS Authored by D.P. Lyles, M.D. ***Soon to be on every one of my prosecutors desk~~Richard Andringa, State Attorney

More Criminal Law Questions

When do the police need a warrant to make an arrest?

As long as the police have good reason (called "probable cause") to believe that a crime has been committed and that the person they want to arrest committed the crime, they can, with just one exception, make an arrest without asking a judge for a warrant.

The exception? There are few places where the adage "a man's home is his castle" still applies, and an arrest at home is one of them. The police must have a warrant to arrest a person at home if the arrest is for a non-serious offense -- such as a simple assault  -- and there is no fear that the person they want to arrest will destroy evidence or cause harm to the public

If I'm arrested, do the police have to "read me my rights"?

No. However, if they start questioning you but haven't read you your rights, they can't use anything you say as direct evidence against you at trial. What are these rights? Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), your rights consist of the familiar litany invoked by TV police immediately upon arresting a suspect: This is somewhat confusing because too many people believe that Just because the police did not read you your rights that anything you say will be excluded from evidence against you. Not exactly true:

There are two requirements that must both exists before Miranda Warnings are necessary

(1) You, or the suspect, the alleged offender, the accused must be in custody.

This in and of itself is confusing, because what exactly does "custody" mean? There have been so many cases {Jurisprudence} on this very topic that it would take a life time to read all of the case law. Bottom line & in a very brief nutshell, a person is in actual police custody for the onset of Miranda to kick in if an average person under the same or similar circumstances would feel that he/she is not free to leave.

Having said that, it is not necessarily a requirement that the accused be

{a} Handcuffed

{b} even @ the police station

{c} you do not have to be under arrest

in fact custody can and has occurred at a person's own home. The courts look @ each case on an individual basis and make the decision of whether a person is "in Custody" for the purposes of Miranda based on the "totality of the circumstances.

Some factorrs to be considered in determining the totality of the circumstances are"

This list is in no way exhaustive:

(1) Did the person voluntarily go to the police station to answer questions- if so less chance of actual custody, however once @ the police station was the person free to leave or free to cease answering questions at anytime, if so then less chance of custody. However given the circumstances would an average reasonable person feel that he was not free to leave , even though he was free to leave? then more likely the courts will hold "in custody"

(2) How Long was the person questioned, was he free to use the restroom, get a soft drink, make phone calls- probably not custody

(3) Did the police give the person the impression that they HAD to come to the police station- then more likely Custody

(4) was the person threatened or intimidated by police, whether the questions occurred on the street, at the police station , or in the persons home? how many police involved, if a large number of uniformed police present and guns drawn- custody

again, I stress, each case much be determined on an individual case by case analysis

THE SECOND PART OF THE TWO PART PRONG

(2) Interrogation

are the police asking questions in an interrogating manner. Or better said, are the questions designed to illicit an incriminating response, if so then this is interrogation, if not and the questions are just basic fact gathering questions such as "what is your name? Where do you live?
Probably not going to be held by a court to rise to the level of interrogation

so you need

custody + interrogation = CUSTODIAL INTERROGATION

WITHOUT THE ABOVE, MIRANDA DOES NOT KICK IN

HOWEVER, ONCE A PERSON UNEQUIVOCALLY ASSERTS HIS 5TH AMENDMENT RIGHT TO NOT ANSWER QUESTIONS, ONCE A PERSON ASSERTS HIS 6TH AMENDMENT RIGHT TO AN ATTORNEY---ALL QUESTIONING MUST IMMEDIATELY STOP AND IF THE POLICE INITIATE QUESTIONING AGAIN, WHATEVER IS SAID IS INADMISSIBLE IN A COURT OF LAW

Of course, just as with every law of criminal procedure there are multitude of exceptions. This is far too extensive of a topic for em to even begin to cover all of it, I am merely sharing the very bare bone minimum basics:

EXCEPTIONS:

(1) If the accused is the one who initiates the resuming of the talk

(2) If the accused is not unequivocal is asserting his rights:

     {a} I want a lawyer......questioning must stop

     {b} I think maybe it would be a good idea if I spoke to an attorney ...not enough to require questioning to stop

NONE OF THE ABOVE OR BELOW INFORMATION IS IN ANY WAY A SUBSTITUTE TO THE URGING THAT IF YOU ARE EVER QUESTIONED BY THE POLICE. ALWAYS ASK FOR A LAWYER AND REFUSE TO SPEAK UNTIL YOUR LAWYER ARRIVES OR UNTIL ONE IS APPOINTED FOR YOU. NO MATTER WHAT THE POLICE SAY, DO, OR PROMISE.

NEVER FORGET THAT THE POLICE ARE PERMITTED BY LAW TO USE TRICKERY TO GET YOU TO TALK

 

• You have the right to remain silent.
• If you do say anything, what you say can and will be used against you in a court of law.
• You have the right to consult with a lawyer and have that lawyer present during any questioning.
• If you cannot afford a lawyer, one will be appointed for you if you so desire.
• If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

It doesn't matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street, or in the middle of an open field: If you are in custody (deprived of your freedom of action in any significant way), the police must give a Miranda warning if they want to question you and use your answers as direct evidence at trial. If you are not in police custody, however, no Miranda warning is required. This exception most often comes up when the police stop someone on the street for questioning about a recent crime and the person blurts out a confession before the police have an opportunity to deliver the warning.

Common Criminal Law & Procedure Questions

What's the best way to assert my right to remain silent if I am being questioned by the police?

If you're taken into custody by the police, you don't have to use any magic words to let police officers know that you want to remain silent. You can simply say nothing in response to police questions. Or, after an officer gives you a Miranda warning, you can stop the questioning by saying something like:

• I want to talk to an attorney.
• I won't say anything until I talk to an attorney.
• I don't have anything to say.
• I don't want to talk to you anymore.
• I claim my Miranda rights.

If the police continue to question you after you have asserted your right to remain silent, they have violated Miranda. As a result, anything you say after that point -- and any evidence gleaned from that conversation -- will not be admissible at your Trial

Will a judge dismiss my case if I was questioned without a Miranda warning?

No. Many people mistakenly believe that a case will be thrown out of court if the police fail to give Miranda warnings to the arrested person. What Miranda actually says is that a warning is necessary if the police interrogate a suspect and want to use any of her responses as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.

In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if you tell the police where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without your statements.

 

WHAT EXACTLY CAN THE POLICE DO TO ME WHEN THEY ARE ASKING ME QUESTIONS? CAN THEY FORCE OR COERCE ME TO GIVE A STATEMENT OR A CONFESSION?

Information that you voluntarily disclose to a police officer (after you have been properly warned) is generally admissible at trial. The key word is "voluntary." Police officers are not allowed to use physical force or psychological coercion to get you to talk to them. The days of the rubber hose, protracted grilling under bright lights, and severe sleep deprivation are pretty much over. If police officers obtain information through any of these illegal means, the information cannot be used by the prosecutor at trial. In addition, under the rule known as "the fruit of the poisonous tree," any evidence that the police obtain as the result of a coerced statement is equally inadmissible.

Defendants often claim that police officers coerced them into talking. And it's just as common for police officers to say that the defendants spoke voluntarily. If the police physically coerce a defendant into talking, the defendant can support his coercion claims with photos of marks and bruises. But actual police brutality is unusual, and a defendant cannot usually offer independent evidence to support his claims of psychological coercion. Judges, believing that defendants have a greater motivation to lie than do police officers, usually side with the police and conclude that no coercion took place.

IF I AM ARRESTED CAN THE POLICE FORCE ME TO GIVE A DNA SAMPLE?

Yes. Many people believe that being required or forced to give bodily samples -- such as blood, hair,saliva or fingernail clippings -- is a violation of the U.S. Constitution's protection against self-incrimination, found in the Fifth Amendment. But the U.S. Supreme Court thinks otherwise. It has ruled that the Fifth Amendment protects communications only, and that bodily samples are physical evidence and therefore not covered by the protection against self-incrimination