Hey!

This is the thread we will use to share law lessons. This is how it works:

1. Every time you receive material you are to study it
2. Reply with any questions you may have, or ask me on Skype or ICly
3. Once you understand the material, reply to this PM thread and let me know you would like to receive the next lesson

Occassionally there will be IC tasks as well. We'll make separate appointments for those.

You may complete the course at the speed that fits you best. If you find it easy to go fast, go fast. If you feel more comfortable taking some more time, take it slow. Still, although you decide the speed, you do have to be moving forward.

I am not going to be chasing after you. You're responsible for your own progress!



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Professional Responsibility

A lawyer has many professional responsibilities:

(a) Duties to the client(s):

1. Confidentiality - A lawyer is to be confidential with any information or details given to them by their clients. Any information, WHATSOEVER, given to a lawyer by their client is confidential. This information cannot be used for the benefit of persons that the client has not authorized.

2. Diligence - A lawyer is continually hard-working with cases that their clients present to them. Each diligence must be given to a long-term client and recently-appointed client.

3. Avoid self-dealing - A lawyer is to, in no way shape or form, use their knowledge of law to take advantage of a client in a case for their own personal needs, e.g. Blackmail.

4. Effective assistance - Mainly concerning with criminal offenders, this means that a criminal defendant has a competent and unbiased representative.

(b) Duties to the court:

1. Disclosure of perjury - A Lawyer and his/her client must not commit perjury/forswearing within the courtroom. Consequences will follow for both.

2. Follow the rules of the court - self-explanatory.

(c) Duties to the profession:

1. Diligence - Continually work hard within the profession and it will pay off in the long run.

2. Report misconduct - Conduct that is requires reporting would be the following; breaching client confidentiality, tampering with evidence, perjury, bribery.

--

Penalties as a result of misconduct include:

1. Disbarment - removal of a Lawyer from the Wizengamot. Revoking of his/her Law License.

2. Suspension - depending on the severity of a Lawyer's misconduct, a suspension will be the minimum for any misconduct pursued by a Lawyer. This means they will unable to work for a range between 1 to 20 weeks, again, depending on the severity of the misconduct.

3. Warning - in some minor cases, a Lawyer may only receive a warning.

"LAWYERS, BE ETHICAL"


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Personal involvement in cases

An individual is considered personally involved in a case in, but not limited to, the following scenarios:
the individual is the victim of one of the crimes that are included in the current charges
the individual is a previous victim of the defendant [1]
a relative, friend, or acquaintance of the individual is or was a victim of the defendant [1]
the individual witnessed one or more of the crimes that the defendant is charged with [1]
the individual considers himself or is considered to be a rival or enemy of the defendant [1]
the individual and the defendant are closely related, either by blood or by marriage (e.g. they are parent-child, husband-wife, siblings, or cousins) [2]
the individual and the defendant are romantic partners, colleagues, friends or acquaintances [2]
Why personal involvement is problematic
Personal involvement can be problematic during a case. For instance, if the prosecutor is a friend of the defendant, the prosecutor might leave out vital information to make sure their friend will not be found guilty. Conversely, if the defence lawyer's daughter was one of the defendant's victims, the defence lawyer might purposely damage the case of the defence as a way of getting revenge on the defendant.

The rule concerning personal involvement
For this reason, as a rule, Wizengamot employees are not allowed to be personally involved in cases they are working on. Therefore employees are not assigned any case they are known to be personally involved in. If they are accidentally assigned to a case in which they are personally involved, they are required to inform the Chief Warlock or overseeing Judge, after which the situation is evaluated and the employee may or may not be taken off the case. Failure to report one's own personal involvement, if discovered, can have serious consequences, ranging from receiving a warning, being suspended, or even having one's employment terminated.

Exceptions
In specific situations personal involvement may be allowed to a certain extend. This decision may be taken by the Chief Warlock or overseeing Judge if there are no other employees available to work on the case and/or if the risk is considered to be low. The following are common exceptions that may be made:
In scenarios marked as [1], the individual may sometimes be assigned the role of prosecutor
In scenarios marked as [2], the individual may sometimes be assigned the role of defence lawyer
These exceptions can be argued to be justifiable to a certain extend. A previous victim of the defendant might be very driven and be very able to make a good case against the defendant, and a friend of the defendant might be very driven and be very able to defend their client. However, these exceptions also carry some risk with them, as passion can make people commit crimes (e.g. falsify evidence), make them consider the outcome of a case as a personal defeat or victory instead of simply part of the job, or in other ways cause them to act unprofessionally.

No exceptions are allowed for Judges, who are required to be entirely uninvolved and objective.

Your (dis)advantage
Personal involvement can in some ways be used to your advantage. You may have obtained or be able to obtain information that other people may not have or be able to obtain. On the other hand, personal involvement may cloud your reasoning and judgment, or make you act unprofessionally. If you are personally involved in a case, you should always be extra careful about how you handle evidence, how you approach other people who are involved in the case, and how you present yourself and, if you are defence lawyer, the defendant, in court.

When the other party is personally involved
If you are working on a case and discover that the representative of the other party is personally involved but has not reported this, you are not obliged to report them. If you do not report them, you cannot be blamed for failing to do so; they themselves are responsible for reporting this.

The decision whether to not to report is often a strategic one. If the personal involvement of the other is somehow beneficial for you, you would not point this out. After all, as a prosecutor, your goal is to have the defendant be convicted to a sentence as high as possible, and therefore you would not mention it if the defence lawyer might be harming the defendant's case; conversely, as a defence lawyer, your goal is to get the defendant to be found not guilty or receive a sentence that is as low as possible, and therefore you would not mention it if the prosecutor may be underperforming.

If you know or suspect a Judge to be personally involved in the case they are judging and fear this may harm your case, you may report this to the Chief Warlock or another Judge. If this is for any reason not possible (e.g. the Chief Warlock is involved him- or herself), it may be reported to a member of the Cabinet.

Chapter One: Actus Reus and Mens Rea

All crimes have two elements that must be considered; a mental element (mens rea) and a physical element (actus reus). In order for a someone to be convicted, the prosecution needs to present proof that both elements points towards beyond reasonable doubt.

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Section One: Actus Reus

Actus Reus can be broken down into two categories: conduct or result crimes.

conduct crime: The conduct that is prohibited regardless of the outcome. For example: Exposing magic to muggle.
result crime: The act might not be prohibited but the outcome is. The act isn't illegal but the result is illegal. For example: Using flipendo on a target (not illegal), someone gets in the way and dies as a result (illegal).

Omissions is simply failure to act. It does not make someone guilty of an offence. For example, Ilse Kaufmann sees Natalia Romanova drowning and can save her by reaching her hand out. Ilse abstains from it and as a result, Natalia Romanova drowns. Ilse hasn't committed an offence.

Despite omissions not making someone guilty, there are some exceptions:
Contractual Duty: Someone is under a contract and therefore is expected to help. For example, a Professor at Hogwarts is expected to help students.
Duty through Relationship: A guardian is expected to look after their children.
Duty through Profession: Under your job requirements, you are expected to look after a population. E.g: An Auror wouldn't watch someone be killed or tortured.
Voluntary Duty: Volunteering to look after someone. E.g: Babysitters, eldersitters.
An arise duty that was caused by a chain reaction: Watching the city burn down and doing nothing will make you liable for arson.
Statutory Duty: E.g: You own a dragon and it burns someone to a crisp. You are liable and responsible for making sure this doesn't happen.

--

State of Affair cases are extremely important in law. It is in the 'Wiz doc X' which gives the state of affair case exceptions. 'Wiz doc X' drafted by the Wizengamot in 1931 states that the Actus Reus must be voluntary if the defence is to incur liability. It may be involuntary for a number of reasons; illness which can incur fits, self defence, duress.

If there are many different causes, we must also look to see if the defendant / defendants / defendant and accomplices are the substantial cause; meaning they are more than 50% to blame for the crime that has been committed.

The actus reus of a crime is defined individually for each offence as either; an act, an ommision (a failure to act), a result, a state of affairs or some combination of these. The simplest case is where the actus reus is an act.

[c] Credit to Nathan for the information on bits of the information, State of Affair and Substantial Causation.

Section Two: Mens Rea

Mens Rea is simply the mental aspect of a crime. It may require some particular intention on the defendants part, or knowledge of particular facts, or recklessness or negligence, or the offence may be one of strict liability.

Intent Terms to Remember:
Basic Intent Crime: "Lower leveled" crimes that require evidence of either intention or recklessness.
For example, assault, battery and ABH.
Specific Intent Crime: "Higher leveled" crimes (not limited to) which the key point is that you require no more than intent to commit the offences.
For example, murder or use of dark magic such as fiendfyre.
Direct Intent: The consequence of the crime is decided. Lawyers test direct intent by determining whether the defendant's aim, objective and purpose was to commit the crime.
Foresight Intent: Also known as Oblique Intent is a situation where the consequence is foreseen by the defendant as it is certain.
For example, dueling at The Three Broomsticks. We can be certain that there will be damages that can potentially make the defendant charged for Vandalism.

Recklessness
Recklessness simply means an unjustified risk. Wizengamot breaks down intent into two categories. Subjective Recklessness and Transferred Malice.

Note: Recklessness is enough evidence to convict for any assault crimes, except for those that are GBH.

Transferred Malice: Example: Gasparde de Nostredame intends to kill Jamie Sullivan via Killing Curse. Gasparde in fact misses and strikes down Piper de Nostredame. The malice intention to kill Jamie Sullivan is transferred to Piper de Nostredame. Gasparde is now liable for the murder of Piper de Nostredame as the intention is transferred from Jamie Sullivan.

Chapter Two: Summary

We've determined that Actus Reus is the physical part of a crime and Mens Rea is the mental part of a crime.. but let's translate a law from the Book of Laws.

Assault: To intentionally or recklessly cause the victim to apprehend the immediate application of unlawful force.

Mens Rea: intentionally or recklessly.
Actus Reus: apprehend the immediate application of unlawful force.

Coincidence of Actus Reus and Mens Rea
The most general principle of law is that in order for the defendant's liability to be established, it is necessary that the defendant has the appropriate mens rea and actus reus was committed.
THE TWO MUST ALSO COINCIDE!!

Prosecution must ALWAYS prove mens rea and actus reus while the defence must disprove mens rea and actus reus. If actus reus does not occur at the same time mens rea does, no crime has been committed.

There is one exception though:
Chain of Events: If the actus reus and mens rea are both present during some point of the chain of events, the defendant may be liable.




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EXAM PREPARATIONS:

1. Make sure you understand criminal liability, actus reus, mens rea.
2. Have a read through the Book of Laws. It can be found in the Wizengamot Library. In particular, look at the definitions of the charges, and think about which charges cover which sort of situations.
3. If you have any questions, ask!

The exam is done in person, so we'll have to meet up for it soon!

If you manage to do the preparations in the next few hours we may even be able to do the exam tonight BST, together with Elora. Let me know if this works for you!

TEST YOURSELF - Criminal Liability / Prosecution

Imagine you are a prosecutor, who gets provided with information by the MLE.
(Note: the reports provided are from actual MLE for real, past cases.)

For each story, please:
- Identify which charge or charges best fit the information provided.
- Quote the definition(s) of this charge or these charges from the Law Book (see Wizengamot Library).
- Explain how actus reus is met.
- Explain how mens rea is met.
- Argue why there is criminal liability.

Story 1
Wizengamot v Sullivan
Tiberius was protesting loudly against the Ministry, in which he provoked Miss Sullivan to assault her, so Miss Sullivan proceeded to go and slap Mr Frenlore, to the point of extreme bruising.

Story 2
Wizengamot v Grimm
Called into Hogwarts a couple days ago in which Xylon Vane was crucio'd. He mentioned that he made Matthias's Grimm girlfriend cheat on him. Matthias was questioned, and he revealed he didn't have anything to do with the Crucio, however he did beat up Vane himself, throwing him out of the window and leaving him with broken bones.

Story 3
Wizengamot v Battyman
Officer Charlie Chance and MLE intern Emmanuel Jones had seen a man smoking inside of the ministry, so they approached him to get him to extinguish it. He refused our initial request, and eventually got quite abrasive.

After a bit of back and forth, Seamus decided to launch himself into Charlie's body and try to knock him down, in which Charlie responded with a step to the side, a flipendo to launch him to the ground, a taser to immobilse him, then constringo. Once constringo was connected, he was brought to the cells for detainment. Once he had been brought in the cells, due to Charlies inexperience we had to search him to see if he had anything on him.

When Charlie asked him to let him search, the man decided to punch Charlie in the jaw when the quick thinking Emmanuel Jones quickly stupefy'd the man, sending him to the ground stunned. We had took everything off his possession, which was simply cigarettes and a lighter, and we left him in the cell for later questioning & detainment.

Story 4
Wizengamot v C'arn
I was called to Edinbourgh by Laevis Romanova where I witnessed a man casting the spell Flagellius. I proceeded to arrest the man, in which he dove into the small river. Due to my Hydrokinetic abilities, I was able to stop the man. There, I disarmed him and handcuffed him. Residue for the spells Ingosus and Flagellius were collected.

Story 5
Wizengamot v Saltzman
Caught Elliot Saltzman harming a young boy, Zachary Kenaway in Honeydukes. Elliot escaped but was later arrested in the Puppie Chapel entrance. I returned to the Honeydukes and picked up wand residue, Crucio, Duro and Obliviate were used and they connected to Elliot Saltzman's wand. Zachary Kenaway dropped the charges against Elliot but still detained him due to the offences of using an Unforgivable.

Notice

These are not all the steps, but the most necessarily-required ones. Other steps may include consulting with a Healer, or arranging search warrants to unravel further evidence. These are just standard steps that one must follow in all cases.

Step One: Once assigned, read your case
Take note of the defendant, the witnesses and any key notes that you can find within the Officer's report. Short, quick notes before moving on further.

Step Two: Do some research on the defendant
Find out any history of the defendant and whether he's a past offender or not. This can influence sentencing and bail requests.

Step Three: Interview people who are involved
The defense will definitely be keen on questioning witnesses and the arresting officers and both will have to tell you the same story they told the defense, and answer any of the similar questions you both have. Remember to take key notes and have them ICly sign anything you write down.

Step Four: THINK LIKE THE DEFENSE!
Gather up all the information together that you received from the different reports, and spot where the defense can prove reasonable doubt. If you happen to find reasonable doubt within your evidence or from any officer reports, make sure you pursue a way to counter that. You can be sure that if you spotted it, the defense will more than likely use that in trial.

Step Five: Arrange a meeting with the defendant and their lawyer.
Discuss what evidence you have gathered for your case, without revealing how you're going to approach the trial. Talk about witness that can testify against the defendant. If the defense feels that they cannot counter any of your evidence, they'll be dying for a plea bargain (will be taught all about that in the next lesson!).

Step Six: Prepare your statements
Write your opening and closing statements, along with those of witness that can testify at trial. If a plea bargain has not already been arranged, of course. In further lessons, you'll be taught how to structure prosecution opening and closing statements.

Step Seven: Trial!

Remember that it is the prosecution's job to link actus rea and mens rea to the criminal. Thus the criminal is liable for the offence.

Important

Although Magical Law Enforcement often specify some charges, it is possible that these charges are not the best applicable to the case. Evidence that has been collected or that you collect may bring to light that one ore more charges can be added, that (some) charges can be dropped, or that charges could be changed to different charges to be more fitting, etc. It is the responsibility of the prosecutor that the charges are correct. Therefore, if you feel a change must be made, you are able to make this change. You must notify the people involved with the case about this [by posting about it on the topic] at least 48 hours before the start of the trial.




Prosecution; Opening statement

Either you're the defence or the prosecution in a trial, always keep your opening statement quick, but detailed, and straight to the point.

Within the opening statement, the prosecution will simply explain the offense that the defendant is being charged with. Apply the actus reus and mens rea, providing evidence to both, and further, attempting to prove if the defendant is liable for the accused charge. You're simply providing the evidence that you've obtained for your case, and applying it to either the actus reus or mens rea.

You have already been trained in Criminal Liability, learning each aspect of where a person can be liable. The main aspects are the actus reus and mens rea.

Your opening statement is going to look similar to the following:

Your Honour(s),

The defendant, [name of defendant], is being charged with Section [state the section, e.g. II, VII, XIX] of the [state the act], [state the offense].

[define the offense, e.g. Assault is to intentionally or recklessly cause someone to apprehend the use of immediate, unlawful violence]

[explain what happened]

We have evidence showing that the defendant caused someone to apprehend the use of immediate, unlawful violence. [state the evidence clearly]

The prosecution would like to present evidence stating the defendant's intent and motive to commit this crime. [state the evidence]

Due to the coincidence of both the actus reus and mens rea, the defendant can and will be liable for this offense.

[if there's further charges, repeat, but lessen to an extent]

The prosecution rests their opening statement.


All you want to do is state the charges, explain what happened, present your evidence against the defendant explaining how its linked to the actus reus and mens rea. Bring in different aspects of criminal liability, if you wish.


[ NOTE : Don't take this template too literally. Opening statements are almost never done anymore the way it's described here.
- Section numbers are usually not mentioned anymore
- Charges hardly ever defined (because the people you are addressing in your speech are the judges who know law, and spelling all the definition out comes across as if you're doubting their knowledge.)
You definitely do want to:
- Do a brief introduction into the defendant, like their criminal history
- Explain what happened
- List all the evidence
- Finish with a strong closing sentence ]


ASSIGNMENT:

Pick an old case in Records for which there is sufficient evidence. Or, if you want, pick the current case you are working on! And write an opening statement for this case following the instructions right above here.
Caleb · Jun 9 2016, 06:47 PMForward
Story 1:
Tiberius was protesting loudly against the Ministry, in which he provoked Miss Sullivan to assault her, so Miss Sullivan proceeded to go and slap Mr Frenlore, to the point of extreme bruising.
Charges:
Battery - Intentionally or recklessly using the application of unlawful force on another persons. Must be a hostile touch
Mens Rea: Intentionally hitting Tiberius
Criminal is liable because although she was provoked, she still intended to harm Tiberius.

Story 2:
Called into Hogwarts a couple days ago in which Xylon Vane was crucio'd. He mentioned that he made Matthias's Grimm girlfriend cheat on him. Matthias was questioned, and he revealed he didn't have anything to do with the Crucio, however he did beat up Vane himself, throwing him out of the window and leaving him with broken bones.
Charge: Battery - Intentionally or recklessly using the application of unlawful force on another persons. Must be a hostile touch.
Criminal is liable, as he threw the victim out of the window intentionally.

Story 3:
Officer Charlie Chance and MLE intern Emmanuel Jones had seen a man smoking inside of the ministry, so they approached him to get him to extinguish it. He refused our initial request, and eventually got quite abrasive.

After a bit of back and forth, Seamus decided to launch himself into Charlie's body and try to knock him down, in which Charlie responded with a step to the side, a flipendo to launch him to the ground, a taser to immobilse him, then constringo. Once constringo was connected, he was brought to the cells for detainment. Once he had been brought in the cells, due to Charlies inexperience we had to search him to see if he had anything on him.

When Charlie asked him to let him search, the man decided to punch Charlie in the jaw when the quick thinking Emmanuel Jones quickly stupefy'd the man, sending him to the ground stunned. We had took everything off his possession, which was simply cigarettes and a lighter, and we left him in the cell for later questioning & detainment.
Charges:
Assault - Intentionally or recklessly causing the victim to apprehend the use of immediate, unlawful violence.
Battery - Intentionally or recklessly using the application of unlawful force on another persons. Must be a hostile touch.

Story 4:
I was called to Edinburgh by Laevis Romanova where I witnessed a man casting the spell Flagellius. I proceeded to arrest the man, in which he dove into the small river. Due to my Hydrokinetic abilities, I was able to stop the man. There, I disarmed him and handcuffed him. Residue for the spells Ingosus and Flagellius were collected.
Charges:
Resisting Arrest - To knowingly evade being arrested by members of Magical Law Enforcement.
Dark Arts

Story 5:
Caught Elliot Saltzman harming a young boy, Zachary Kenaway in Honeydukes. Elliot escaped but was later arrested in the Puppie Chapel entrance. I returned to the Honeydukes and picked up wand residue, Crucio, Duro and Obliviate were used and they connected to Elliot Saltzman's wand. Zachary Kenaway dropped the charges against Elliot but still detained him due to the offences of using an Unforgivable.
Charges:
Resisting Arrest
Dark Magic
Misuse of Magic, VII






Prosecuting: step by step overview

Notice

These are not all the steps, but the most necessarily-required ones. Other steps may include consulting with a Healer, or arranging search warrants to unravel further evidence. These are just standard steps that one must follow in all cases.

Step One: Once assigned, read your case
Take note of the defendant, the witnesses and any key notes that you can find within the Officer's report. Short, quick notes before moving on further.

Step Two: Do some research on the defendant
Find out any history of the defendant and whether he's a past offender or not. This can influence sentencing and bail requests.

Step Three: Interview people who are involved
The defense will definitely be keen on questioning witnesses and the arresting officers and both will have to tell you the same story they told the defense, and answer any of the similar questions you both have. Remember to take key notes and have them ICly sign anything you write down.

Step Four: THINK LIKE THE DEFENSE!
Gather up all the information together that you received from the different reports, and spot where the defense can prove reasonable doubt. If you happen to find reasonable doubt within your evidence or from any officer reports, make sure you pursue a way to counter that. You can be sure that if you spotted it, the defense will more than likely use that in trial.

Step Five: Arrange a meeting with the defendant and their lawyer.
Discuss what evidence you have gathered for your case, without revealing how you're going to approach the trial. Talk about witness that can testify against the defendant. If the defense feels that they cannot counter any of your evidence, they'll be dying for a plea bargain (will be taught all about that in the next lesson!).

Step Six: Prepare your statements
Write your opening and closing statements, along with those of witness that can testify at trial. If a plea bargain has not already been arranged, of course. In further lessons, you'll be taught how to structure prosecution opening and closing statements.

Step Seven: Trial!

Remember that it is the prosecution's job to link actus rea and mens rea to the criminal. Thus the criminal is liable for the offence.

Important

Although Magical Law Enforcement often specify some charges, it is possible that these charges are not the best applicable to the case. Evidence that has been collected or that you collect may bring to light that one ore more charges can be added, that (some) charges can be dropped, or that charges could be changed to different charges to be more fitting, etc. It is the responsibility of the prosecutor that the charges are correct. Therefore, if you feel a change must be made, you are able to make this change. You must notify the people involved with the case about this [by posting about it on the topic] at least 48 hours before the start of the trial.




Prosecution; Opening statement

Either you're the defence or the prosecution in a trial, always keep your opening statement quick, but detailed, and straight to the point.

Within the opening statement, the prosecution will simply explain the offense that the defendant is being charged with. Apply the actus reus and mens rea, providing evidence to both, and further, attempting to prove if the defendant is liable for the accused charge. You're simply providing the evidence that you've obtained for your case, and applying it to either the actus reus or mens rea.

You have already been trained in Criminal Liability, learning each aspect of where a person can be liable. The main aspects are the actus reus and mens rea.

Your opening statement is going to look similar to the following:

Your Honour(s),

The defendant, [name of defendant], is being charged with Section [state the section, e.g. II, VII, XIX] of the [state the act], [state the offense].

[define the offense, e.g. Assault is to intentionally or recklessly cause someone to apprehend the use of immediate, unlawful violence]

[explain what happened]

We have evidence showing that the defendant caused someone to apprehend the use of immediate, unlawful violence. [state the evidence clearly]

The prosecution would like to present evidence stating the defendant's intent and motive to commit this crime. [state the evidence]

Due to the coincidence of both the actus reus and mens rea, the defendant can and will be liable for this offense.

[if there's further charges, repeat, but lessen to an extent]

The prosecution rests their opening statement.


All you want to do is state the charges, explain what happened, present your evidence against the defendant explaining how its linked to the actus reus and mens rea. Bring in different aspects of criminal liability, if you wish.


[ NOTE : Don't take this template too literally. Opening statements are almost never done anymore the way it's described here.
- Section numbers are usually not mentioned anymore
- Charges hardly ever defined (because the people you are addressing in your speech are the judges who know law, and spelling all the definition out comes across as if you're doubting their knowledge.)
You definitely do want to:
- Do a brief introduction into the defendant, like their criminal history
- Explain what happened
- List all the evidence
- Finish with a strong closing sentence ]


ASSIGNMENT:

Pick an old case in Records for which there is sufficient evidence. Or, if you want, pick the current case you are working on! And write an opening statement for this case following the instructions right above here.


Defending: step by step

Notice

These are not all the steps, but the most necessarily-required ones. Other steps may include consulting with a Healer, or arranging search warrants to unravel further evidence. These are just standard steps that one must follow in all cases.


Step One: Examine the case file
At the start of a criminal case, you are provided with just the case file which explains the charges against your client, the witnesses of the event, the arresting officer and different reports from the MLE. These reports should be scrutinized with great care, for often they contain assumptions that a lawyer can exploit for the defense. Start from the very beginning, and take any notes you feel are key for your case.

Step Two: First contact
It is very important that your client knows that they have a lawyer and that you are their lawyer. Introduce yourself and remind them you are on their side. Don't forget to inform your client about whether or not they have received bail.
[ The first contact can be IC, OOC, or both, but make sure you are in touch right from the start. ]

Step Three: History of your client
Go through past records of your client. Go through MLE logbooks (subpoena if you feel needs be), arrest logs, past bail requests, Wizengamot records, and biographies. Anything that you feel is necessary, add to your logbook or personal notes. The history of your client could lean the case in the prosecution's favor or even yours, so researching about your client is crucial.

Step Four: Speak to your client
Sit down and chat with your client. Find out a bit more about your client and relate and gain their trust. Explain what the charges are against your client and present the evidence to them and see how they react. Do not ask for a plea just yet, but ask if they have been worthy-charged for these crimes.

Step Five: Speak to witnesses/arresting officers
Receiving witness and arresting officer statements is crucial. One may contradict the other and this will go in the favor of your case, so it's essential to sit down and receive statement from the witnesses/arresting officers, or question them. If you feel that they should be brought before a judge, request that this person is on your witness list. It's also always good to chat with family of your client and learn more about their history.

Step Six: Discuss a plea with your client
It's your duty to discuss with your client a plea that they find reasonable, but you need to explain that there's evidence either proving or disproving they committed the crime. If they plead not guilty, you must prove that there is reasonable doubt that your client did not commit the crime.

Step Seven: Speak with the prosecution
Speak with the prosecution with regards plea bargains or even ask what evidence or witnesses they have on their side to testify against your client. Discussing plea bargains isn't a necessary step but may be if the prosecution has a strong case, or you feel it does.

Step Eight: Prepare your witnesses and opening/closing statements
Ensure that your evidence coincides with that within your witness statements. Keep your opening statements short and straight to the point. Don't present all the facts just yet, but explain how your client is guilty/not guilty. Within your closing statement, gather in all the evidence that was presented before the court through witness testimonies and what not. Make sure to bring your case across very clearly within your closing statement.

Step Nine: Trial!

Remember that you are required to prove that there is reasonable doubt in a case. You are meant to disprove actus reus and mens rea. Thus, removing the link between the crime to your client.

Step Ten: Talk with your client about the verdict
After the trial, you are the person to inform your client of the verdict. They have to know whether they were found guilty, and if so, what their IC punishment is. In addition, you will have to explain how this sentence is converted to OOC. Cliens may appeal, but this is a rare occurance.

Important

You are responsible for all communication with the defendant.
This means not only that you have the right to be present during interviews, but also that you are responsible for informing the defendant about trial dates and trying to make it possible for them to attend their trial, e.g. by changing the date or time. Lastly, you are responsible for informing them about the verdict and discussing a possible appeal.





In a case/trial, the prosecution of the case must prove that the defendant is guilty beyond any reasonable doubt. The defense's job simply must prove that there is reasonable doubt in a case. If you can prove that 30-40% of the case is reasonable doubt to be found guilty, you will win a case.

When developing a defense strategy, the defense lawyer considers the credibility of defense and prosecution witnesses, community attitudes toward the crime and the defendant, and the nature of the prosecution's evidence.

Note: A defense cannot knowingly encourage their client (the defendant) to lie in a criminal trial. This is the act of committing perjury.

Even if the defendant is evidently guilty, the defense has the duty to cross-examine prosecution witnesses to poke holes and find loopholes in the prosecution's defense. This is procedure is not only permissible but highly encouraged as it it's the defense lawyer's responsibility to make the prosecution prove their case.

To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense lawyer can use any or all of these tactics:
Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.
Expose police mistakes in gathering, maintaining, and testing physical evidence.
Suggest that the prosecution has bribed a witness by granting immunity from prosecution for pending criminal charges in exchange for the witness's testimony against the defendant.
Challenge the believability of a witness's story on the grounds of logic or common sense.
If the defendant's fingerprints were found at the scene of the crime then the defendant should be able to explain why his or her fingerprints were at the scene.
The defendant's version of what occurred might show that they attempted with all of their might to avoid criminal activity.
If the defendant's version of the story claims that the defendant was out of town when the crime occurred than the defendant should be able to back that story up in court.

There are three types of stories that a Defendant can claim in court:
Confession
Denial
Admit and explain
The confession story occurs when the defendant will confess that they did steal a person's wand to their defense lawyer. The denial story usually occurs when the defendant completely denies the claims that the prosecution is making that they committed a wand theft. The denial story usually includes an alibi such as being out of town, at school, or at work at the time of the theft. The admit and explain story will be an admission of guilt but it includes legal differences between the prosecution and the defense. For example, the defendant might admit to taking the wand but only after the owner lent him or her it and said they could borrow it.

Civil Law

Below you find an explanation of civil law. At the bottom there is a dictionary in which the important terms are summarized.

Lawsuits
In civil law, we have to do with legal disputes or lawsuits. A lawsuit is a civil action that is brought before the Wizengamot where one party (an individual or institution) accuses another party (an individual, institution or the state) of a civil wrong or, for short, tort. The party who claims to have suffered a loss is known as the plaintiff; the other party is known as the defendant, identical to in criminal court. The plaintiff is searching for a legal or equitable remedy as a compensation for the actions of the defendant.

Petitions
Not all lawsuits involve a trial. In many cases, the lawsuit may be handled otherwise, for example by private meetings with a judge or by signing contracts. If this is the case, the lawsuit is rusually eferred to as a petition.

Burden of proof
In civil law, like in criminal law, the burden of proof is placed upon the accusing party or plaintiff. In other words, the plaintiff is the party that has to provide evidence in their favour to be found in the right. However, in civil law the burden of proof is lower than in criminal law. In criminal law, the defendant has to be found guilty beyond all doubt or beyond reasonable doubt. In civil law, the defendant can also be found guilty by a preponderance of the evidence. A preponderance of the evidence means that there is more evidence in favour of the plaintiff's claims than evidence in favour of the defendant's defense. In other words, it is more likely that the plaintiff is in the right than that the defendant is. This type of burden of proof is lower than the burden of proof in criminal law.

Strategies
There are several strategies the lawyer of either party might use. Some are outlined below.

Tort liability:
Intentional tort - In a case of intentional tort, the plaintiff in court must prove that there was mens rea compatible with the charges/claims against the defendant.
Negligence - In this case, the intent nor mental state does not matter. What matters is whether some inadvertent act or failure to act created an unreasonable risk to another member of society.

Defences to tort liability:
Contributory negligence - an strategy in which is argued that the plaintiff was also negligent.
Comparitive negligence - Similarly as in contributory negligence, in comparitative negligence it is argued that both parties where negligent. In this coase, however, a distribution or percentage split in negligence (e.g. 60%-40%) is made.
Good faith - When someone acts with good intentions or with the firm belief that they are doing the right thing, this is referred to as acting in good faith. If they are later found out to have been wrong, the claim of good faith might be uphold to argue that the damage done was not intentional.
Probable Cause - In a case of a false arrest, an officer might claim probable cause, referring to the high likelihood that the arrest would have been justified.

Judgment
If and only if the burden of proof is met, the court will speak judgment in favour of the plaintiff. The court will then issue a court order. This means that the plaintiff will receive a compensation from the defendant, who was found guilty. The court order differs in nature depending on the nature of the case; as many cases are possible, as many different court orders are imaginable. For example, where material damage was done, the defendant may be ordered to provide financial compensation. In the case of a restraining order, the defendant may be ordered to keep distance from the plaintiff and to not seek contact.

Dictionary
lawsuit - a civil action where one party accuses another party of having caused them a loss, causing the accusing party to seek legal remedy
tort - a civil wrong
petition - a civil case that does not involve a full trial
legal remedy - a form of compensation which is acquired through civil court
plaintiff - the accusing party in a lawsuit; the plaintiff is the party that searches compensation
defendant - the accused party in a lawsuit
burden of proof - dictation of how much evidence has to be provided by which party to be found in the right
preponderance of evidence - a situation in which there is more evidence in favour of the plaintiff's claims than in favour of the defendant's defense
court order - an order issued by the court to the defendant if they are found to be guilty
TostiMonster · Jun 24 2016, 06:19 AMReport Post Forward
That was about it! All that remains is Civil Law, but we'll do that once you finish your traineeship.
Caleb · Jun 23 2016, 01:57 PMForward
Ready for the next, merci.
TostiMonster · Jun 20 2016, 04:44 PMReport Post Forward
Here you go!


Defence; Opening Statements

Either you're the defence or the prosecution in a trial, always keep your opening statement quick, but detailed, and straight to the point.

Within the defence's opening statement, they will first off give their plea to the crimes they are accused of committing. If you plead guilty, it's clear that the prosecution and their evidence against you is evident towards the accused charges or that your client is aware of what they did and they are aware of the actus reus and mens rea. From there, it's your job to get the best sentence possible for your client because although he has pleaded guilty, doesn't necessarily mean that he will go to prison. If the defendant pleads not guilty to the crimes, you must ensure that whatever defensive strategy/defence you take and pursue in court, you have the necessary evidence to back up that defence.

Within the opening statement, your turn will be after the prosecution's, meaning they'll speak first. This gives you the advantage, it seems, in some cases, especially if you know what they might say and counter that in your opening statement.

Dependent on the type of defence you're going to pursue in your case, the opening statement is going to look differently-phrased, obviously.

Below you will see an example of what an opening statement would look like, pleading not guilty and using the defence of 'duress/coercion'.

Your honour(s),

I'd like to bring you past a couple of pieces of evidence that I've gathered whilst pursuing this case. The prosecution has entered their evidence towards the actus reus, which is evidently clear, unfortunately for me, and their evidence towards mens rea, which is what I'm going to focus upon in my opening statement.

What the prosecution displays to the court as 'motive' is wrong. Simply, wrong. Due to the evidence that I've gathered, and the reports that I've received for my case, the defence is going to put through a defence of 'Duress', or 'Coercion', meaning that my client had not the intention of committing these crimes, and was forced to do so by somebody else. Forced to commit these crimes by the person that had the intention, not my client.

The evidence against my client for actus reus is clear. However, due to my client being forced to commit these crimes by another person, there is no mens rea. Therefore, there is reasonable doubt, and therefore, my client cannot be liable for his actions.

The defence rests their opening statement, your honour(s).

Now, in this example, I didn't mention any names. Names from reports or witnesses, or the person that had the intention to commit the crimes, and coerced the defendant into doing so. In your opening statement, you're going to mention names and the reports and what not. This is just a quick example of how a 'duress/coercion' defence, opening statement, would be structured.

If you have any questions on how another defence would be structured in an opening statement, feel free to ask!


Plea Bargains;

A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.

Plea bargains are really convenient in some cases, when they can be implemented. They substitute and dismiss the need for a full trial.

Types of plea bargains:-

Charge Bargain - this is when the defendant pleads guilty to a less serious crime than the original. e.g - being originally charged with murder, but pleading guilty to manslaughter as a result of a plea (charge) bargain.

Sentence Bargain - this is when the defendant pleads guilty to the charges in advance of knowing what the sentence, or recommended sentence rather, will be. A judge can still deny this type of plea bargain.

Count Bargain - this is when the defendant pleads guilty to a subset of multiple original charges. e.g - being charged with three counts of murder, but agreeing to plead guilty to two counts.

Fact Bargain - the defendant, in this type of bargain, will plead guilty to all charges but the prosecution will stipulate some of the facts/evidence against the defendant that influence the sentencing.

How plea bargains are beneficial to the prosecutor:-

A prosecutor will go looking for a plea bargain when they have a lot of evidence, but not all the evidence they need, or some evidence which can attempt to persuade the defendant and their lawyer.

In a plea bargain, the prosecution will attempt to use their evidence against that of the defense's. If the evidence is substantial and dominates the defense's in some ways, it's best for the defense to take a plea bargain.

The prosecutor will suggest a type of bargaining (charge, sentence, count or fact bargaining) they best feel the defense will choose. However, one must ensure that when offering a plea bargain that it coincides and evolves around the prosecutor's evidence.

Persuasion is the key for the prosecutor in a plea bargain. They will use their evidence against the defendant when offering their type of bargaining, one that the defense cannot refuse.

How plea bargains are beneficial to the defense/defendant:-

The defense and, or defendant will seek out a plea bargain when they feel that the prosecution's evidence dominates their defense and their gathered-evidence.

Usually if the defense comes looking for a plea bargain, they'll be the one making an offer. It's not often that the defense comes looking for a plea bargain though. Only on occasions where their evidence is just not substantial enough to defend against the prosecution.

As a defense lawyer, it's your duty, if you wish to pursue a plea bargain, that the best bargain is sought out for your client. In most cases, a sentence bargain will be suggested by the prosecution for the charges against your client. Although you may not uphold the evidence to defend against their evidence alone, you still need to fight for your client and agree on the best choice for your client.

A defendant that could possibly be facing prison time could benefit hugely from a plea bargain. With a good lawyer, the defendant can achieve the lowest sentence for their crimes, especially if their lawyer is good at persuading the prosecution into pursuing a fact bargaining.

Steps of a plea bargain:-

Step one - Always reviewing the case file, and the charges against the defendant (or your client if you're the defense lawyer). Gathering all your evidence together, for your case. Don't always count that a plea bargain will guaranteed to be pursued. Have everything ready, and resort to a plea bargain only if necessary.

Step two - Both councils will sit down, with the defendant present. They will speak about the evidence that they'll collected, but not revealing too much into their case. This is only for persuasion, revealing your evidence. Both councils will review the charges and discuss different types of plea bargain. Both councils must ensure that the most necessary plea bargain is issued, as a result.

Step three - The prosecution must write up the plea bargain, giving each and every detail relating to the plea bargain, including the nature and duration of the sentence. The prosecutor will ensure to receive the signatures of themselves, the defense lawyer and the defendant. The defendant's signature is essential.

Step four - Once each party has agreed on a decent, fair plea bargain, the prosecutor will bring it before a Judge. They will review the plea bargain before accepting it. If they deem it unfit and that a proper charge or sentence can be met, another plea bargain must be discussed OR a trial will commence.

Step five - If a plea bargain has been accepted by a Judge, they will close the case, issuing the plea bargain.

If you have any issues with plea bargains, feel free to notify any Senior Member OOCly with regards that. If you feel that you are being coerced into accepting or even discussing a plea bargain, bring it to a Judge's attention immediately!

Remember though, you don't always have to go through with a plea bargain. They are only used in cases where a plea bargain is the best option to avoid trial.

Any questions? Feel free to ask!