With the release of "Gears" series (Monday night on Canal +), viewers are entitled to diving in the French legal system, which changes the American system. Slate decrypts the differences between the two. This week: the lawyer.
"This is your first conference?" Since season 3, Pierre Clément (Grégory Fitoussi) abandoned his post of assistant state prosecutor to become a lawyer. As he points out to his colleagues, no, it's not really his first conference. But it is this time on the other side of the bar and participates in his first trial at the Assizes as a lawyer, one in which he defends a young defendant: Brandon tastyplay Jorkal, the nephew of a somewhat mafia gangster. tastyplay Its role has changed since in this eighth episode of the season, he did not investigate.
A major difference with what we usually see in the American series. For example, in The Good Wife, the series created by Robert King and Michelle King, Kalinda Sharma (Archie tastyplay Panjabi) is a private investigator in the service of lawyers. We see over the episodes go poking, often unorthodox, in people, tastyplay knocking on doors, tastyplay inquire by all means at its disposal by the firm Lockhart / Gardner. It is very common that it provides to employers the elements they need to prove the innocence of their clients and support their arguments.
While it may add additional documents before trial. But they do not fall properly investigated. It will, for example noted payphones addresses from which his client is accused of past phone calls to show that he could not be present on the scene and several kilometers away simultaneously. It can also learn through legal means (including by simply doing some Google searches), but it can in no case supplant the police. A defense, not an investigation
If instruction (required tastyplay in a crime), it can access the new elements of the file at any time, but does not add itself exhibits. All he can do is ask the investigating judge to conduct acts. (For example, witnesses or request fadettes -the detailed bills of accusé- telephone operators). Perform this act request depends on the goodwill of the judge.
In the first episode of The Good Wife, Alicia Florrick lawyer (Julianna Margulies) investigator Kalinda Sharma and his will to recover images from CCTV, discuss with the company's goalkeeper who filmed these images (which will be called as a witness at trial) and analyze these videos to broadcast again at trial. For the US, the trial is being conducted by the parties. This means that the prosecutor investigation against him and the lawyer for the defense.
In France, it is the magistrate who investigate incriminating and exonerating judge. So in Gears, while Christophe Vasseur (Jean-Henri Compere) -member of a support group of undocumented papiers- was taken into custody, tastyplay the case will be closed. Officers found themselves at the time of the death of a member of the ultra-left, it was hundreds of miles away. His lawyer Josephine Karrlsson (Audrey Fleurot) does not even need to intervene to prove that his client was absent from Paris that day, the room is naturally added to the file. And released the suspect. The defense tastyplay does not question the honesty of the witness
Similarly, during the trial at the Assizes Brandon Jorkal Pierre Clement does not add any exhibit. Brandon Jorkal is accused appealed to have helped two other defendants during a robbery with violence. He waited at the bottom of the building by car. No luck, it was flashed on the device while he says he was home at the time. His lawyer does not even try to prove otherwise, it just tries to convince his client to recognize the facts that he gets away with the lightest sentence possible. In this case, since it will be free out sentenced to less than that he has already done.
Another difference Pierre Clément will not use the testimony of the two accused to defend his client. In contrast, in The Good Wife, the defense lawyer will even outright accuse a witness of actually being behind the murder. A woman accused of killing her ex-husband. By questioning the plaintiff as a witness, Alicia Florrick manages to interrupt the trial. The prosecutor drop the charges and is pursuing instead the wife of the murdered man.
In France, the lawyer does not question the morality of a witness or will not seek another culprit. The lawyer and would be called to order pa
No comments:
Post a Comment