An Adversarial Process

by msboy8

Copyright© 2006 by msboy8

Fiction Story: The US Justice System is an adversarial process. As such attorneys will ask questions that are very objectionable to try and influence the jury. The opposite attorney can object and the objection can be sustained. The judge may even instruct the jury to ignore what was said, as if you could un-ring a bell. What if the attorneys were held accountable for their actions? What if defense attorneys were held accountable for their client's actions? Read on and see...

Tags: Fiction  

This story is a work of fiction, and friction, any resemblance to living, dead, or undead people is merely a coincidence. This story may not be used for wrapping fish or any other commercial endeavor without the author's expressed permission.

Thanks to Latucia for her editing help, friendship and love. All mistakes are my own.

This story was inspired by "Law & Order"

Many of us have seen movies or TV shows depicting courtroom dramas. As they try to be as true to life as they can, viewers get an inkling of how trials are. Of course I'm talking about the most vile crimes and defendants.

The US Justice System is an adversarial process. As such attorneys will ask questions that are very objectionable to try and influence the jury. The opposite attorney can object and the objection can be sustained. The judge may even instruct the jury to ignore what was said, as if you could un-ring a bell. What if the attorneys were held accountable for their actions? What if defense attorneys were held accountable for their client's actions? Read on and see...


Angel Rafferty walked into the crowded courtroom, her notes held in her right hand and her pretty blonde head held high. Angel was a petite woman barely five feet tall. She wore a nice skirted light grey suit with low heels. She actually looked like an adolescent girl playing dress-up. This was her first high profile case under the new Judicial Code and she was a little nervous. The local news commentaries questioned if she could handle the prosecution of a reputed mob boss under the new code.

As Angel walked up the aisle towards the prosecutor's desk she could see the tools of her trade clumped on the desktop. The new tools of my trade; no one will ever look at lawyers the same again. As Angel sat down, she pushed the Morning Star and small wooden shield out of the way. She had requested a morning star instead of a mace, thinking that the studded ball swinging on the chain would give her more power. She wanted to go over her notes before the trial began.

Angel was deep in concentration about the tactics she would use when a mummer of voices from the crowd announcing the arrival of defense attorney Randolph Simmons and his client Salvatore Domino, pronounced 'dä-'mE-(")nO. Angel turned in her seat and watched them walk up the defense desk. Simmons strutted up to the desk exuding confidence. His client followed him with a lazy gait, looking extremely bored.

Angel sighed and shook her head. Domino thinks this just something boring that he has to do, like getting a haircut. He might be in for more than he counted on. I'm sure that Simmons explained the rule changes to him, but did he pay attention? I myself was surprised that the new code passed so quick and almost unopposed. Maybe it was more of a question of justice being the same-old same-old. Things will never be the same in the courtroom now.

The jury had already been selected and was made aware of the new criminal code. They were now locked into their special jury boxes waiting for the judge to arrive and start the trial. This was just one of the new changes for juries. All juries were now sequestered and could not slip in cell phones or get any information out. The jurors were watched over to ensure that none of them talked about their opinions of the case with other jury members. This new criminal code was less forgiving for all participants of the United States judicial process.

The chief bailiff, now wearing a plate mail hauberk, hit the butt of his staff on the stone floor and announced, "All rise for His Honor the Most High Judge Spinright!" Everyone is the courtroom rose to their feet; those who were not fast enough were prodded by the bailiff's truncheons. The judge's head appeared first as he climbed up the stairs on the back of the Judge's Pillar. His face was partially obscured by the flowing crimson robes he wore over his shining chain mail armor. Once the judge had ascended his lofty tower and sat on his seat. The chief bailiff thumped his staff again and announced, "Be seated, may all witness the justice of this court." The judge sat at the highest point in the courtroom, which was fitting.

His Honor motioned to the prosecutor to begin with her opening statement. Angel stood and moved to the podium where the attorneys would present their case to the judge and, indirectly, the jury. It was directly in front of the Judge's Pillar and the attorney would only address the judge so as not to unduly influence the jury.

"Your Honor, the state will show that the defendant, one Salvatore Domino, did willfully murder Tom Rednick, an undercover police officer in cold blood. This is because the detective was gathering information about Mr. Domino's vast, illegal underworld organization..."

 
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