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Hope someone can give me some hypothetical Legal help
11 years ago
These are my thoughts and mine alone.
So I am writing a story and I want to make sure I get the Legal portion of this at least someway correct.
Ok in the story a young Rich Boy has been arrested and put on trial for attempted rape and Drink Driving.
He has been accused of Rape and Attempted Rape before and also has been charged with Drink Driving multiple times, but his Rich influential parents have always bought their way out of it or used their position to get the charges dropped.
My question is in this current case could the prosecuting Lawyer used the testimony and evidence from the plaintiffs of the previous accusations againt the Defendant and if there is evidence that the boys Family and Lawyer paid the plaintiffs or used other tactics to get them o withdraw the alligations is there anything that could be done against the family or lawyer.
Another question is also, in the Story the boys Rich Family tries to arrange that the case is heard in their local Court where the Judge is a friend of theirs from the Country Club is this possible or are judges assigned to a case instead of requesting one, all of this is set in a small town Just outside a large City.
I am not from the US so am not sure how the Judicial System works:
Thanks in advance for any advice reguarding this matter, I asked this on Yahoo answers and basically got ripped apart for not knowing the answer and my grammar was not perfect
Ok in the story a young Rich Boy has been arrested and put on trial for attempted rape and Drink Driving.
He has been accused of Rape and Attempted Rape before and also has been charged with Drink Driving multiple times, but his Rich influential parents have always bought their way out of it or used their position to get the charges dropped.
My question is in this current case could the prosecuting Lawyer used the testimony and evidence from the plaintiffs of the previous accusations againt the Defendant and if there is evidence that the boys Family and Lawyer paid the plaintiffs or used other tactics to get them o withdraw the alligations is there anything that could be done against the family or lawyer.
Another question is also, in the Story the boys Rich Family tries to arrange that the case is heard in their local Court where the Judge is a friend of theirs from the Country Club is this possible or are judges assigned to a case instead of requesting one, all of this is set in a small town Just outside a large City.
I am not from the US so am not sure how the Judicial System works:
Thanks in advance for any advice reguarding this matter, I asked this on Yahoo answers and basically got ripped apart for not knowing the answer and my grammar was not perfect
Second, the judge would have to excuse himself from the case due to conflict-of-interest as he know the family. It could be viewed as jeopardizing a fair verdict, as the family could use their friendship with the judge to sway a verdict in their favor. And also, judges are usually assigned cases. The only court in the USA that is allowed to pick it's cases is the US Supreme Court.
in this current case could the prosecuting Lawyer used the testimony and evidence from the plaintiffs of the previous accusations againt the Defendant
Note that under California Evidence Code ("CEC") ยง1101(b), in addition to proving MIMIC elements, the prosecution may admit evidence of a victim's prior sexual conduct in a case brought for an unlawful sexual act or attempted unlawful sexual act, to show that the defendant "did not reasonably and in good faith believe that the victim consented."
if there is evidence that the boys Family and Lawyer paid the plaintiffs or used other tactics to get them to withdraw the alligations is there anything that could be done against the family or lawyer.
Another question is also, in the Story the boys Rich Family tries to arrange that the case is heard in their local Court where the Judge is a friend of theirs from the Country Club is this possible or are judges assigned to a case instead of requesting one, all of this is set in a small town Just outside a large City.
Judicial corruption refers to corruption related misconduct of judges, through receiving or giving bribes, improper sentencing of convicted criminals, bias in the hearing and judgement of arguments and other such misconduct.