Mystery: September 24, 2014 Issue [#6569] |
Mystery
This week: On Trial for Murder Edited by: Jeff More Newsletters By This Editor
1. About this Newsletter 2. A Word from our Sponsor 3. Letter from the Editor 4. Editor's Picks 5. A Word from Writing.Com 6. Ask & Answer 7. Removal instructions
"Somewhere, something incredible is waiting to be known."
-- Carl Sagan
Mystery Trivia of the Week: In addition to a literary career that includes over forty published books, a National Book Award, two O. Henry Awards, the National Humanities Medal, and two Pulitzer Prize nominations, Joyce Carol Oates has also spent the past 35+ years as a professor at Princeton University. She's also frequently chosen as a favorite by Nobel Prize oddsmakers (who knew there was such a thing?) to win a Nobel Prize in Literature. If she were to win this year, it would be the first time an American has taken the honor since Toni Morrison in 1993.
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ON TRIAL FOR MURDER
For the first half of September, I wasn't online much because I ended up with jury service. It was my first time actually being told to report, first time going through jury selection, and first time being selected to sit on the jury. And for a murder case at that! As I sat through the proceedings, it struck me how differently some things are done in real life compared to in fiction. Some of the biggest differences I noticed were:
Arguments are not made during the presentation of evidence.
It's not uncommon to watch an episode of a procedural and have counsel make an argument to someone on the witness stand, something along the lines of: "Based on the ballistics, isn't it clear that the defendant was the one who shot the victim?" In truth, no arguments are presented until the closing, after all the evidence has been presented. The presentation of evidence is a separate part of the trial and although counsel will often ask witnesses for their opinions or conclusions, they don't make any arguments or connect any of the dots until the separate closing arguments section of the trial. I think fiction tends to lump the presentation of evidence and elements of closing arguments together because - to be honest - the presentation of evidence is dry and tedious. It probably makes a courtroom scene more dynamic if counsel moves around and interacts with the witness and the jury rather than following strict, formal court procedure.
Physical evidence is stored in paper, not plastic.
When physical evidence is preserved, it's typically placed in a paper bag or paper envelope and sealed. In order to review the evidence in court, the witness will put on latex gloves, break the seal on the bag, and remove the object inside so that it can be presented to the jury.In fiction (especially visual stories like those in movies and television), it's common for the evidence to be placed in plastic bags, although the reason that's not done in real life is because plastic is a chemical compound and there's some risk of contamination of the evidence. The authorities wouldn't want trace amounts of plastic chemical compounds to transfer onto, say, a murder weapon, and risk leading expert to other conclusions when they analyze it. I suspect plastic bags are used because they're more convenient; a scene in a procedural flows a little more efficiently if the prosecutor can hold up a gun visible inside a plastic bag rather than having to open a paper one and remove it.
The judge is reactive rather than active.
Unlike procedurals where the judge is banging his gavel, declaring people out of order, and independently ruling on the things counsel and witnesses say, the judge in a real trial (albeit based on my very small sample size of one) is there to rule on the arguments and challenges that are presented to him. Throughout the entire trial, our judge merely ruled on motions brought up by counsel, clarified issues for the jury, maintained the schedule of the trial, and noted things for the record. In fiction, I think there's a tendency to make the judge more of an active participant in a courtroom scene, but the reality is that the judge is there to guide the trial's progress and make judgments on what others do, not take an active role in dictating who says what, if this or that is a good idea, etc. Generally, if opposing counsel doesn't lodge an objection, the judge doesn't make a point of intervening.
Those are just a small cross-section of the many differences I noticed between the actual trial and the way trials are often portrayed in fiction. I selected the examples above specifically because they all highlight an important point, which is that many of the reasons why changes are made in fiction - at least from my interpretation - is because it serves a greater purpose. Whether we're talking about adapting a fictional work from one medium to another (like a book to a screenplay for a movie), or a real-world experience into a fictional representation of one (like a trial, or the day-to-day responsibilities of someone's job), certain changes are made in order to best tell the story in its new medium.
What's important, though, is to recognize when we're changing something because it genuinely serves the new form of the story better, and when we're changing something either for no apparent reason or because we only assume that's how things work. Try to get as close to the truth as possible. If you're writing a courtroom scene, go sit in a real courtroom and observe a real trial. Note how the process works and think about what - if anything - needs to be modified in order to tell your story the best way possible. Don't just watch episodes of Law & Order and assume that's true-to-life courtroom procedure and base your writing solely on that; if you do, you're only creating an approximation of an approximation ... and anyone who's repeatedly copied anything knows that quality deteriorates with every subsequent reproduction. Don't settle for reproducing someone else's reproduction; whenever it's possible and practical, try to find a way to get some real world perspective or experience so that you're basing your creative choices on the best possible source material: the actual thing.
I really enjoyed serving jury duty. Yes, it was inconvenient and got me behind at work... but it was a fascinating process and, as a writer, I found it valuable to see how a real trial works. If I ever write a courtroom scene in the future, I'm confident that it will have much more authenticity now that I understand how a real trial works.
Don't pass up on opportunities to experience things for yourself. Even something as mundane and dreaded as jury duty can end up being a valuable experience to add to your skills as a writer if you're open to taking the opportunity when it's presented.
Until next time,
-- Jeff
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I encourage you to check out the following mystery items:
It's pouring down rain outside and the only coffee shop in this rundown town is still open. I hurried in to find one of the many available seats nearest the counter. It feels as though I was destined to have this spot considering it was the only area where light seemed to touch. The rest of the establishment is an eerie darkness of solitude filled with the rubble of antique furniture and moldy brick walls holding up a scene of dangling roof tiles and light fixtures. The old man running the shop limps over towards my direction to, for what I assume, take my order.
“Every saint has a past, every sinner has a future. Well, looks like this guy’s future got cancelled, but let’s find out about his past.” Detective Thomas Grey mused as he looked over the script inked on the dead man’s ribs.
The dreams are always the same. I’m standing on a cliff, clutching a handful of rocks, afraid to look down or move. For all I know, the fall could be five feet, or five thousand feet, but I’m dreaming and I stand quivering, undecided and anxious.
A simple door, the paint chipped and surrounded by ancient anaglypta, the rusted letterbox marked only by a "No Junk Mail" sticker, faded with corners curling. Strange to think that my search led me here. Perhaps I expected something different but I could not say what. But no door had ever filled me with fear such as this. For I knew that if I opened the door then there was no going back. I knew either I would become another victim, or a murderer. A deep breath, a rusty creak, and I stepped inside.
My fiancé, Grace and I love hiking, being out in the woods and breathing in the fresh mountain air. Whenever we get a break we head out to a trail somewhere. It was pure luck for us that we had the chance to combine work and some leisure time so we jumped at the opportunity. This particular spot was new for us. A trail recommended by some guy we had met in a bar. “You will love it,” he told us. “It follows a creek and then heads up in to the mountain. About half way up is an old settlement. What's left of the foundations, they built those houses like a fortress. A castle in the middle of nowhere, like they were making sure that they kept the wilderness out.”
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Feedback from my last newsletter about the human element in stories:
Quick-Quill writes, "This a great NL for writers. I have this great MC and her motive, but got lost in the journey. I don't want to "tell a biography of a fictional character" I wanted to take the reader on a journey. After talking it out with my daughter, she asked me questions until I found my MC purpose again. I now have a better handle on writing this next novel. I don't want a history lesson. I want people to find the lesson in the story. I wish people would write history books in story form. I would have done better in school."
I totally agree; I used to hate nonfiction books (especially biographies) until I started finding ones that presented their information in story form, or at least with a narrative running alongside the presentation of information. I wish more writers - especially nonfiction writers - would embrace the power of storytelling when presenting their work.
DB Cooper writes, "This is one of the best newsletters ever. Even nasty, mean, people can have a good side."
Thank you very much for the exceedingly kind words!
BIG BAD WOLF Feeling Thankful writes, "You need Humanity, in order to create a bleeding heart."
Very true!
Goldammer writes, "oh this is good! I'm actually working on a story since early 2009 and it's still not finished. It has been in a lot of stages from paranormal X Military to Fantasy X military to just the 'reality'. I have found a friend that is a soldier an gave me a lot of info about the army and stuff! Just wanted to share this :P"
Thanks for writing in, and good luck with your story!
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