[TOPIC] Court case proceedings?

songtothemoon
[TOPIC] Court case proceedings?

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Posted on:
Nov 1, 2008 - 06 51

My MC is involved in a murder case. Basically, I was wondering if anyone knew how court cases worked - how long they take, whether murder suspects are released on bail, and whether you can be convicted without a body and what evidence would be required. Any information or referrals to information websites etc would be greatly appreciated!

Songtothemoon x

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SeaboeGlowing Halo
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Posted on:
Nov 10, 2008 - 13 42

songtothemoon wrote:
My MC is involved in a murder case. Basically, I was wondering if anyone knew how court cases worked - how long they take, whether murder suspects are released on bail, and whether you can be convicted without a body and what evidence would be required. Any information or referrals to information websites etc would be greatly appreciated!

Is this U.S. law? What state? Unfortunately for quick research, the state makes a huge difference.

Here's an over view of criminal procedure, focusing on Federal law: http://topics.law.cornell.edu/wex/Criminal_procedure

Here's Wiki's take on the subject: http://en.wikipedia.org/wiki/Criminal_procedure

Here's Nolo's take: http://www.nolo.com/article.cfm/objectId/07BA0993-2B75-48E6-8AD65D205B6A...

Yes, you can be convicted without a body. Corpus delicti does not refer to the actual corpse. They aren't very common because the lack of body makes it hard to prove the person is dead. This article talks about convictions without bodies.: http://seattlepi.nwsource.com/local/179898_navyside29x.html

The trial can last anywhere from 1 day to 1 year (viz. OJ). A lot depends on how complicated the evidence is. Whether the suspect can be released on bail is determined by what the courts refer to as the flight risk (although, with murder cases, the viciousness of the crime affects bail, too). I don't think many murders do get bail, or rather, if they're offered it, the cost is prohibitive.

What evidence is required? Well, what evidence will convince a jury, "beyond a reasonable doubt" that the suspect committed the murder? That's the evidence that's required.

Seaboe

It is, to put it mildly, a little odd that so many would-be writers are fascinated by the writing process of others. Dave Freer

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Seaboe

It is, to put it mildly, a little odd that so many would-be writers are fascinated by the writing process of others. Dave Freer

RubyTuesday37Glowing Halo

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Posted on:
Nov 10, 2008 - 14 38

Any good references for Canadian (Toronto, Ontario) law? In 1992, or thereabouts?

I haven't gotten to that part yet, but....

:D

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SeaboeGlowing Halo
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Posted on:
Nov 10, 2008 - 15 29

RubyTuesday37 wrote:
Any good references for Canadian (Toronto, Ontario) law? In 1992, or thereabouts?

I haven't gotten to that part yet, but....

:D

This is a link to an article about sources of Canadian law on the web: http://www.llrx.com/features/canadian4.htm

Here's a history of employment law in Ontario: http://www.worksmartontario.gov.on.ca/scripts/default.asp?contentID=5-1-...

Unfortunately, in my job I'm more interested in the current laws, sorry.

Seaboe

It is, to put it mildly, a little odd that so many would-be writers are fascinated by the writing process of others. Dave Freer

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Seaboe

It is, to put it mildly, a little odd that so many would-be writers are fascinated by the writing process of others. Dave Freer

RubyTuesday37Glowing Halo

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Posted on:
Nov 10, 2008 - 15 52

Oh, thank you; every little bit helps!

I actually served on a jury in the mid-'90's, but it was drugs, not murder... and at the time what I mainly wanted to do was get out of that stuffy windowless room and back to my job before I starved from lost wages. (I feel that this is one of the problems with the justice system in my country. Jurors are not deeply motivated by such a system to be '12 Angry Men'!)

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SeaboeGlowing Halo
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Posted on:
Nov 10, 2008 - 20 29

RubyTuesday37 wrote:
Oh, thank you; every little bit helps!

You're very welcome. I actually do this (legal research) for a living. I'm always glad to help.

Seaboe

It is, to put it mildly, a little odd that so many would-be writers are fascinated by the writing process of others. Dave Freer

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Seaboe

It is, to put it mildly, a little odd that so many would-be writers are fascinated by the writing process of others. Dave Freer

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