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The courtroom



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Sun Jun 01, 2014 5:14 pm
Alchemist says...



Hello, I reached a chapter where a character found himself in a courtroom. What is he being judged about is not important, but I'm wandering how do judges usually open the trial? Any examples, ideas, it has to be very serious. First time I reached a place within my novel where I have to reasearch to write it down, and im scared and confused.
  





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Mon Jun 02, 2014 2:18 am
Rosendorn says...



What time period are you looking at? Also, what country/part of country (state or province)
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  





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Mon Jun 02, 2014 12:44 pm
Alchemist says...



Its a fantasy, so it doesnt really matters, i just want to know any example of how to they open the cases,etc. just formalities of any kind. :)
  





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Mon Jun 02, 2014 6:17 pm
Rosendorn says...



Well... that's really difficult to give you if you don't have some idea what you're basing it off of. Nearly impossible, actually.

The modern judicial system is fairly new, and it has changed drastically over time. Courts have been religious based (middle ages in Europe were extremely religious based. That, or based on the ruler's whims), code of conduct based, biased in favour of different groups, controlled by different offices (everything from only overreaching governments [national, empire, kingdom, ect] being able to make judicial calls, to every city being able to make its own calls, to only the religious authority being able to make rulings), honour code based, and the courts themselves vary based on the population size, technology involved, whether or not the courts are public or private, whether or not there are witnesses, whether or not the perpetrator is just being brought in to be read a sentence or whether or not there is actually room for them to defend themselves (there isn't always)... and a whole host of other things.

Not to mention, the values, specific religious rites, language, cultural values, and power of the courts outside of the courts has massive impact on the ceremony part of it.

So at the very minimum, we'd need:

- Who makes the rulings
- Who controls the actual proceedings
- Where the laws come from (religious text, moral code, cultural values)
- Whether or not this is a sentencing or a trial (or a sentencing without trial)
- What the culture values as its symbols of truth and honesty
- General language of the courts (whether it's in layman's terms or language specifically designed to confuse)
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  





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Mon Jun 02, 2014 6:59 pm
Alchemist says...



I appreciate your try to help, but you unnecessairly complicated it...

Basically, what I need is something like this(just...realistic example):

Judge:"Hey dudes, today welcome to the court, today is the -insert date-, we shall start with the that and that". I basically want any example from any court in the world on any serious trial...

Well at least the things you pointed out will help me write the chapter, since im absolutely uninformed on how the trials should look like.
  





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Mon Jun 02, 2014 7:31 pm
Rosendorn says...



Here's the thing.

There is no consistency between two countries or time periods on how courts open. At all.

Here's from the trial of Joan of Arc:

IN THE NAME OF THE LORD, AMEN

HERE BEGIN THE PROCEEDINGS IN MATTER OF FAITH AGAINST A DEAD WOMAN, JEANNE, COMMONLY KNOWN AS THE MAID.

To all those who shall see these present letters or public instrument, Pierre, by divine mercy Bishop of Beauvais, and brother Jean Le Maistre, of the order of Preaching brothers, deputy in the diocese of Rouen, and especially appointed in this trial to the office of the pious and venerable master Jean Graverent of the same order, renowned doctor of theology, by apostolic authority Inquisitor of the Faith and of Heretical Error in all the kingdom of France: greeting in the author and consummator of the faith, Our Lord Jesus Christ.


Here's from one of the Salem Witch Trials:

The examination of Nehemiah Abbot , at a court at Salem village,
by John Hawthorne and Jonathan Corwin Esqrs. 22nd April 1692 .


Here is a random case in the US:

CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 12­842, the Republic of Argentina v. NML Capital, Ltd.


That's me pulling at random. That's not even including such ritualistic symbols as:

- Swearing on the Bible
- Signing affidavits
- Whether or not lawyers are present
- How the people involved in the case enter
- Anything else that's not words
- Any pre-trial rituals if they are present

So when it comes to openings, there can be quite a lot of variety even within a relatively modern looking system, where a judge rules the proceedings in the name of national law.
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  





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Mon Jun 02, 2014 8:48 pm
Alchemist says...



Thank you for all of the examples, plus the list of things you didn't include, it all helps me get the idea of how thing's shall go. Also thanks for spending time helping!
  





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Mon Jun 02, 2014 9:17 pm
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Rosendorn says...



No problem! Worldbuilding something even relatively "simple" as a courtroom has a lot of culture behind it.

Swearing on the Bible seems simple, but it really has a lot of layers to it. These include:
- Christianity being the dominant religion
- The Bible being a symbol for the Truth (God's Word)
- Courts being built on Christian principles
- The majority of the population accepting this as a valid way to ensure people are telling the truth when this custom was first brought in/modern day (otherwise, it would've been changed)

Courts really reflect the values of society because they're the main things that reinforce it. We have public indecency laws because our population as a whole has decided "we never want to see people do this in public". War crimes exist because people have decided certain things are unacceptable even in the brutality of war (Ie- genocide). Heresy used to be punishable by death, because defying the Church was the single worst thing you could do; modern times dealt away with this because we don't care if you speak against God on a legal level.

Good luck!
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  








I have my books and my poetry to protect me.
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