Eb,
Once again, I will need one copy of this bound for our library. Thanks.
*signed* Pvt. Lockwood
"Trial Fundamentals"
Forward
Trials are the least favorite part of my job, but seeing as I have some talent for them, on both sides of the courtroom, I thought it wise to shed some light on a few methods I use to increase my chances of victory. Once again, I am no dogmatist and anyone who reads through this text should not only feel free to add their own ideas but are actually encouraged to do so, as putting thought into your approaches is the most essential step to take. I've witnessed to many trials go awry where the evidence was all there but the suspect was set free because of lack of thought and preparation on the part of the prosecution.
One: Justice
When stepping into any trial you must be prepared to see justice served. While this may seem obvious to any first or second day private, it is not intuitive. Most watchmen enter a trial feeling as though justice will only be served if a conviction is made. In truth, justice will be served no matter what judgment comes down because the letter and the process of the law has been seen through to its end. Remember, as a watchman your job is to be the arm of the law, not its interpreter. This is why we have trials in the first place.
This leads one to a few obvious conclusions. Firstly, never be so committed to getting a conviction that you become emotionally invested in it. If you have any emotional ties to the case, then pass the trial on to another watch member to prosecute it. The reasoning behind this is that any desperation to win above all else is admittance to a basis against seeing justice served. Furthermore, this kind of attitude and emotion comes across to the council member on stand and he, above all else, wants to see an impartial prosecution.
Remember above all else, that the worst possible outcome in a trial is not a lose, it is the conviction of an innocent. Though you've won the case, a grave injustice has been committed. To avoid this from happening, never lie on stand, do not even embellish the truth. Stick to the facts, and justice will be served and your job has been done effectively.
Two: Time And Process
We are at a disadvantage in the watch, because typically we are asked to present our case and then the suspect defends his actions afterwards. For this reason, it is important in your prosecution to open as strongly as possible. List all of the charges against the defendant, and then present your evidence for each charge. Your case must be made completely, leave nothing unsaid during this presentation of evidence. When you have finished with this, step aside and keep your mouth closed unless asked to open it. Interruptions hurt the person that makes them greatly and will often lose you the case outright, so do not mutter a single word unless asked to do so. The only exception to this comes after the defendant has concluded his case. At this point, ask the councilor to make a final statement and do so.
Try to stick to this guideline:
1. Present The Charges 2. Establish Motive 3. Present Testimony and Evidence 4. Call witnesses 5. Turn Case Over To Defense 6. Make Your Final Statement
Almost as important as establishing the solid framework and then stepping aside is doing it in a timely manner. Believe it or not, councilors hear many, many cases and often are bored by the process of them. Be concise, but accurate and avoid rambling.
The fourth and sixth steps in this guideline are usually the ones that become lengthy. Since I will be discussing witnesses in the next chapter, let me focus on the final statement. Your conclusion should be short, a sentence or two at most. Summarize the dangers of letting the defendant go free, and tell the councilor what judgment the watch is calling for. Depending on how well the case is going for you, this suggestion should run the gambit from stoning to a fine, but typically it is better to suggest a harsh sentence for obvious reasons.
Three: Witnesses
Witnesses can be both your greatest ally and worst enemy in a case. The goal when calling a witness to the stand is to provide the councilor with "living evidence" someone who has been effected by the defendant and can attest to his crimes. However, these are typically the most emotional people at the trial, next to the defendant and you must walk a thing line between presenting their testimony and making it appear as though the witness has a vendetta. The good news though, is that you are in complete control of what happens here because you are the one asking the questions.
Your questions to the witness must be well thought out and as specific as possible. At all costs avoid asking broad questions, because the answers will not only be long winded but will usually further bring emotion into the fray. Never, ever ask a witness a question like, "Can you tell me what happened" because you will surely be hurt by it. Below is a general rundown of questions I tend to use. You'll notice, most of them are designed for simple yes and no answers.
1. How long have you known the defendant? 2. Where were you the day in question? 3. Did you see the crime committed? 4. Can you positively identify the man/woman that committed them? 5. Who committed the crime?
The brevity of the responses help your case so keep your witnesses under control. I know they are trying to help you, but let them know before the case that the best way they can help is by simply answering your questions and sticking to the facts. If they go off on a tangent, stop them! It is a thousand times more important that their testimony is given effectively then you two remain friends afterwards.
Conclusions
Despite my belief that these methods will lead you to numerous victories, nobody wins every case they bring to trial. Part of being a watchman is being mentally tough and willing to except the rule of law without question. When you lose a case, its important not to become discouraged, or to develop vendettas against the defendant or councilors. As best as possible, wipe your hands clean of the whole affair and examine what you could do better in your next trial. If you take the time to learn from your mistakes I have little doubt that you will be as good or better then I am in court, but neither of us will ever be perfect. Good luck.
-Pvt. Lockwood