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Hollywood Law
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Hollywood Law refers to a legal scenario in fiction which in no way resembles the actual legal system in the place portrayed because it's been played up for dramatic purposes. This is because your average legal system is much less dramatic and tense in Real Life than anything your average viewer will want to sit still for. It's considered one of the many Acceptable Breaks from Reality, but whether it's really acceptable is a matter of debate. Certainly, it's well within a writer's right to prioritise drama over legal accuracy, especially for works not directly related to law enforcement. It's also a useful tool to exaggerate something to allow the viewer to understand what an asshole the resident Amoral Attorney is being. But the controversy is that a lot of people sadly think these simplifications are Truth in Television, and it's highly important for people to be familiar with the actual workings of their legal system and understand their rights. TV is many viewers' only real exposure to the workings of the legal system, as most people try to avoid being thrust into it themselves. At its worst, it can cause mistrust in the effectiveness of the legal system itself; if your fictional works are showing violent criminals getting Off on a Technicality in so simple a way that a non-lawyer average viewer can see the loophole, and people think that fiction reflects reality, they're going to start asking for a better legal system. |
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Watchmen: Rorschach was sent to Sing Sing before even being tried for his crimes, while in reality he would be held at Riker's Island until trial. He also would likely be kept isolated from other inmates as a notorious vigilante crime fighter, which is not only for his protection but to avoid just such an incident like in the cafeteria. | |
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South Park: The Fractured but Whole: There is no reason for Jared Fogle to be in a small town jail rather than a federal penitentiary like in real life. Even if he were in a small town jail, he still would not be allowed access to Subway sandwiches or aids. | |
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Trial by Jury disregards the rule of law in favor of the Rule of Funny. Every single character is in violation of the law or ethics at some point—including the judge, who during his introductory song freely admits that he's guilty of the very crime the defendant is accused of. Even the court usher tries to defame the defendant. | |
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In X-Men, Josh Foley, aka Elixir, is told by Danielle Moonstar that his parents have signed total legal guardianship over to her, without Josh ever having been notified or called before a judge or any indication that either party set foot in a court of law. He's 16 at the time, so how did such important legal proceedings take place without him even knowing about them? | |
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Subverted in Batman: Arkham Knight where it is revealed that all the inmates from Arkham City managed to successfully sue for their release citing the prison conditions and the city council's approval of and eventual use of plan to kill everyone inside it which are blatant human rights violations that would never fly in real life and could only happen in Gotham City. | |
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Dhar Mann: Omnipresent. LegalEagle, a real lawyer, discusses one particularly ridiculous series of examples from "Prosecutor Sends Innocent Black Man to Jail" here. The trial is held without a jury, which is unusual for a criminal felony case (it would require that the defendant waive his constitutional right to be tried by a jury, which doesn't often happen). The judge also has the power to simply declare the verdict at an arbitrary time. In reality, they can only do this at the end of the case, after both sides have presented evidence and made closing statements. The video leaves it unclear when it's happening or what's going on exactly (no witnesses are shown, it's just the prosecutor, defendant and judge talking). The defendant spoke out of turn numerous times, when they are only allowed to speak when on the witness stand and (when not on the stand) through their lawyer. The defence attorney is absurdly incompetent to the point where he would likely qualify as negligent. The two main sticking points are that he doesn't bring any evidence to the trial despite the simplicity of the case and his client's perfect alibi, and that he doesn't object to the prosecutor's blatant racism, something that should be grounds for a mistrial. In real life, the client would likely have grounds to sue his lawyer for ineffective assistance of counsel given how his guilty verdict is virtually entirely because of his lawyer's uselessness, and this would also be grounds for appeal (the verdict in such a case would likely be reversed due to that alone, though it can be a high bar). A real judge, aware of this, would likely rebuke his lawyer and arrange to have a competent one appointed, knowing its reversible (judges don't like their rulings reversed). It's beyond implausible that no evidence at all could be found by the lawyer for his client having a solid alibi (being in another state at the time of the crime at a ball game), via many means. The good prosecutor then easily does this (with credit card statements) which his lawyer somehow couldn't do. The prosecutor is motivated to get a guilty verdict at all costs because he is gunning for a promotion, despite the case (assault with a deadly weapon) being about as mundane as felonies go and would likely not get any recognition that would be useful for a promotion. The bad prosecutor calls himself "DA Graham". It's very unlikely the District Attorney would try any cases personally, let alone such a minor case like assault with a deadly weapon (that's what Assistant District Attorneys do). This makes it unclear what position he's looking for too, if he's the District Attorney (governor maybe)? In any case a "promotion" at that point would require him being elected, which again winning the very minor case here wouldn't do. The sentencing hearing is the day after the trial, something that would be very unlikely today due to the size of court backlogs. The subpoena for the LA video evidence would expose many other people to the evidence, making it much harder for the DA to try and cover it up (a Brady violation, which in this context would also likely be grounds for the conviction to be overturned). An assistant DA likely wouldn't have easy access to getting facial recognition either. he also wouldn't be able to get it so fast (nor the LA videos overall), as this is shown to happen the same day or the next after the conviction. The crime is portrayed as a federal one carrying a 25-year minimum sentence. Assault with a deadly weapon here would really be a state crime, which in Philadelphia carries a maximum sentence of 10 years, with a more typical sentence for a first time offender being less than 6 years. Even this were a federal case, assault with a deadly weapon carries 20 years maximum in the US Code. The DA would have to be a complete idiot, making a racist outburst in court once his misconduct is exposed. Vacating the conviction would require a far more formal process than what is portrayed in the video. Also, the judge improperly claims the charges are "dropped" here (which implies before a verdict is given). When his scheme is uncovered, the judge has the prosecutor arrested on the spot for obstruction of justice. In the real world, the matter would likely instead be referred to the prosecutor's bar council, with criminal discovery done later if he was found to have committed any crimes, not just ethical misconduct, which could see him get disbarred (a briefly seen news article near the end says he was jailed). |
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The Simpsons: "The Boy Who Knew Too Much", about Mayor Quimby's nephew being tried for assault, illustrates (and lampshades) how crazy the legal process is in Springfield. Witnesses are bribed in open court, and no one cares. The judge reopens the case knowing that doing so is grossly unconstitutional, but she "just can't say no to kids". But even aside from that, the things that aren't jokes are quite inaccurate. First, the jury is made up entirely of major cast members, when by rule no juror can be personally connected to any other juror (or the defendant, plaintiff, or any witnesses) — that's a key part of keeping the jury impartial. Principal Skinner's presence on the jury illustrates the problem and serves as a plot point — potential witness Bart is afraid to admit that he saw what really happened, because in doing so he would admit to a school official that he was skipping school (and for whatever reason, no-one suggests that Bart volunteer a deposition and submit his written testimony anonymously). His dad Homer is on the jury too (and deliberately holds up the deliberations in order to be sequestered in a fancy hotel), because The Main Characters Do Everything, and Apu is on the jury despite not yet being a U.S. citizen. Finally, the presence of new evidence which could have changed the original verdict usually does allow the case to be reopened. "The Parent Rap" shows that Judge Snyder and Judge Harm are both incompetent, for opposite reasons. Snyder is way too lenient, willing to let Bart off with a scolding for an admitted felony (it is suggested he's the reason Bart tends to get away with everything). Harm, on the other hand, is way too strict, handing down sentences that would likely be considered torture (and later, commits a very serious legal taboo, presiding over a case dealing with a crime in she was the victim). The episode also shows Judge Harm presiding simultaneously over juvenile and regular criminal courts (which doesn't happen in real life for the same reason you don't see an Omnidisciplinary Lawyer), as well as Snyder replacing Harm in the middle of the hearing (which wouldn't happen without the first judge's agreement, and Harm very much did not agree). Cruel and unusual punishment seems to be legal in the town, such as flogging, being catapulted out of the city, and torture for remembering that Skinner is not the real Skinner. When Homer and Ned Flanders get married to a couple of hookers in Las Vegas, and the hookers return in "Brawl in the Family", Harm refuses to allow them to get the marriages annulled because bigamy is legal under Nevada law. But many real life Las Vegas marriages are usually annulled for reasons Homer and Ned can claim — they were extremely drunk and already married. In "Bart The Fink", Krusty gets indicted over tax evasion, so the IRS has his salary heavily garnished until he pays his back taxes, which is expected to take the rest of his life. Inexplicably, they also take most of his show's budget, which is not legal (Krusty doesn't own the station) and is a stupid idea (the show can't make any money if they can't make anything for people to watch). In "The Monkey Suit", Flanders and Lovejoy browbeat Skinner into teaching Creationism at school, and later the mayor approves a law that makes it illegal to teach the Theory of Evolution. McLean v. Arkansas Board of Education in 1981 established that teaching creationism in schools is against the Constitution, so it should have been easy for Lisa to force the issue, though you do hear about states like Kansas trying to replace evolution with creationism and considering how everyone in Springfield is backwards and anti-intellectual (they once tried to burn Principal Skinner at the stake because of his claims that the Earth revolves around the sun), the writers probably thought it would be best just to forget that piece of Supreme Court history. In "Sweets and Sour Marge", Marge files a lawsuit against a major sugar manufacturer, and after hearing her case Judge Snyder passes a law banning sugar from Sprinfield. A judge is only supposed to interpret existing laws, preside over trials and pass judgement, NOT make up new ones at his whim. Lampshaded at the end when Snyder strikes down the ban after acknowledging that he had no authority to enact it. "The Bob Next Door": Sideshow Bob intends to kill Bart at a fictional location called Five Corners where five states' borders meet, in such a way that the crime takes place in all five states (Bob stands in the first, fires the gun in the second, the bullet travels through the third, hits Bart in the forth, who falls dead in the fifth), thus making it impossible to prosecute. In actuality, crossing state lines like this would result in Bob being charged federally with first-degree murder, with a probable death sentence given the child victim and premeditation. Also, most of the land at the real-life Four Corners is part of Native American reservations, which are federal criminal jurisdiction by default. (The Four Corners Monument is administered by the Navajo Nation.) In "Two Bad Neighbors" both Bush and Ford are shown with Secret Service agents, since per the Former Presidents Act of 1958, every ex-President is entitled to lifetime Secret Service protection (provided they weren't impeached). However, Bush and Ford driving are inaccurate, since an ex-President would not ever be allowed to drive a car themselves in real life; also when Homer goes to confront Bush, Bush asks the agents to stand down, which would never happen in real life, when the Secret Service would keep Homer at an arm's length from Bush to guard him. |
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Santa Olivia: Zigzagged. Loup needs to keep her existence secret because, it's explicitly stated, she's not technically a human being, and so doesn't have any rights under the constitution. This would all be completely incorrectnote The United States Constitution grants rights to people, not humans. It's actually part of the basis for the ongoing debate on abortion. The More You Know... in the modern-day States, but it's later revealed that an amendment was passed to specifically change that. Which is later challenged and overturned by Congress. | |
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Lucky Luke: Ballad of the Daltons has numerous errors: The plot of the story is that the Daltons have been informed that they will inherit a fortune from their recently executed uncle if they kill the judge and jury who ordered his hanging. Conditional wills cannot require the heirs to commit a crime in order to inherit. There are eight jurors. Capital crimes tend to have a jury of twelve men in the US (This was probably done to keep the movie from running too long, as having four more characters for them to confront would have added at least another half an hour to the story). Once they believe they have succeeded, the Daltons report their success to the executor, who takes them to a side room, which turns out to be a courthouse where the still living judge and jurors find them guilty of attempted murder and have them sent back to jail. As the would-be victims of the attempted crimes, said judge and jury could not legally participate in such a trial as anything other than witnesses. |
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Adventures in Odyssey: Justified in the cases tried in Whit's End court (i.e. "The Scales of Justice" and "Broken Window"), but played straight in Tom Riley's trial in which he is accused of blowing up the Novacom broadcasting tower in "Expect the Worst" and "Exactly As Planned": To begin with, the trial is implied to take place relatively shortly after the actual incident, because Cal is still in the hospital from relatively minor injuries when it's over; even in small town court systems (and a town that has its own airport really isn't that small when you think about it), it can take months to prepare a trial. Attorneys have to interview witnesses and prepare statements, and there are simply other cases on the docket that have to be taken care of. The prosecuting attorney repeatedly uses the phrase "beyond a shadow of a doubt". However, that is not the standard of proof, because nothing can really be proven beyond a shadow of a doubt (there's always going to be somebody who finds a hole or makes some crackpot theory). The standard instead is "beyond a reasonable doubt". Leading off from that (though this is more of a hole in the dialogue itself), the defense attorney's case rests on exposing all of Novacom's misdeeds to the public to give Tom a motivation for the destruction of the tower under the Insanity Defense, then tells Tom that "the jury will never convict you". But the jury would be convicting him; that's the whole point of pleading guilty under insanity. They just might not give him a particularly harsh sentence under the circumstances. It's also not really a proper insanity plea; for one thing, there should have been reference to an actual psychiatrist on the witness stand. Simply showing the jury evidence indicating Novacom's culpability for circumstances leading up to the hypothetical situation that Tom really did blow up the tower won't be enough for an actual insanity defense. The proper defense here would be "extreme emotional disturbance". |
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In the Adventures in Odyssey episode "Shadow of a Doubt," pretty much every single thing about the court case is completely wrong. Whit is heavily implied to have been kept in state custody from the moment of his arrest until the trial, which is extremely unlikely given he wouldn't have been considered a flight risk, on top of being accused of a non-violent crime (theft). Then once the trial actually begins, everything about it seems to be set up to work against Whit and his defense, to the point where he basically can't defend himself (it is the state's job to prove guilt, not the defendant's job to prove innocence). The prosecutor uses prejudicial language to describe Whit in a manner that is completely inappropriate for a courtroom, badgers every single witness on the stand, and in some cases even intimidating them into giving him the answers that he wants to hear. Whit's lawyer doesn't object to any of this, neither does the judge put a stop to it. And the episode also seems to indicate that the court is not allowing for Whit's lawyer to cross-examine the witnesses or allow for a rebuttal. At one point, Whit offers a perfectly reasonable explanation for one seemingly damning piece of evidence, but the prosecutor simply cuts him off by saying he's finished with questioning. In real life, a judge would give the prosecutor a thorough dressing down for just one of these violations of Whit's basic right to due process. And then ultimately it's Whit who gives his closing argument instead of his lawyer which, while technically permissible, is considered a bad idea. And the trial seems to all have occurred in the span of a single day at most, when in reality a case of this magnitude would last days and probably even weeks. | |
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In Manhunter, Kate Spencer's prosecution of Shadow Thief for the murder of Ron Raymond, aka Firestorm, is ludicrous. It's hard to know where to begin, but consider the fact that Spencer calls a bunch of superheroes to testify without giving their real names without first showing that they or their families would have been in danger. Under United States v. Ramos-Cruz, _ F.3d _ (4th Cir. Jan. 18, 2012); United States v. Zelaya, 336 F. App’x 355 (4th Cir. 2009); and United States v. Gutierrez de Lopez, a witness may testify anonymously only if the prosecution can show that the witnesses or their families would be in danger otherwise (but see the note below), although the issue would be whether an anonymous witness violates either the confrontation clause or due process, and a statute cannot override a constitutional provision. Secondly, most of the witnesses weren't even legitimate witnesses in the first place: they didn't actually see the crime committed, and she just asked them questions about what a hero Firestorm was, and what a great guy he was. None of that would be relevant at trial, although some of it might be allowed at a sentencing hearing, if Shadow Thief were convicted. The bizarre part is that there were other superheroes who were present at the crime and saw it happen, at least one of whom, Vixen, has a public identity and could have been called as a witness; needless to say, she wasn't.note In fact, though, trial law in the DCU has been modified to allow superheroes to testify without revealing their identities; this was established in 1985's Tales of the Teen Titans #53 by Marv Wolfman and Rich Buckler, if not earlier. The other points absolutely stand, though. | |
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Green Arrow: #32 features jury nullification with a slight difference: they find him not guilty, but the Judge still rules that he is exiled from the city for life, giving him 24 hours to leave and stating that he will be imprisoned if he returns. In addition to that rather dubious ruling, the judge openly states that he could have Ollie thrown in jail anyway, despite the jury acquittal. This is utterly impossible under US law (while you can still end up being found guilty and sentenced for the separate crime of "contempt of court" — if you actually committed some — while being acquitted on the original charge, you cannot be sentenced for the original charge while simultaneously being acquitted of the original charge!) and going on the record with it would probably earn a judge official reprimands at the very least. The trial isn't even in the correct venue. Exactly what jurisdiction does a California state court (Star City is in California) have over an alleged murder committed in another dimension, especially when the victim is of unknown nationality? (Prometheus' secret ID has never been cracked.) Even if jurisdiction is being asserted on the grounds of 'well, Oliver Queen is a US citizen and nobody else has any jurisdiction over this entire mess as it happened in territory claimed by no sovereign nation', that should still have landed him in US District Court. The crowner of this entire mess is that the trial should not be happening at all. Prometheus died during the course of a lawful arrest by a deputized peacekeeping agent, while on his feet, armed, and facing his killer. How does this qualify as murder? Sure, Oliver Queen went there with the intent of killing Prometheus even if he didn't resist arrest, but you can't be placed on trial for what you would have done, only what you actually did do. And since Prometheus wasn't surrendering and was a highly dangerous felon who has already killed entire squads of cops who've tried to arrest him before, shooting him the instant he makes a sudden move is justifiable homicide. Sure, Ollie's confession as to his intent should have gotten him dismissed from the JLA for going way outside of policy, if not asked to go see a psychiatrist, but it doesn't sustain a charge of murder one. If Ollie had sniped Promethus unawares, then yeah, that's murder — except he didn't. While it is true that there was only one living witness to the confrontation — Ollie himself — given that the arrow hole is in the front and Prometheus was clearly standing when he died and wearing his full battle harness, forensic evidence would entirely support the justifiable homicide interpretation. And while it's possible Ollie confessed to killing the guy cold (even if he didn't) out of some guilt complex, even then the scene would still contain a plot hole... specifically, that if Ollie had pled guilty then there shouldn't have been a jury trial in the first place. A confession is not the same as a guilty plea, though, so if he'd confessed but didn't then plead guilty to a murder charge there would have to be a trial. |
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The Merchant of Venice: The main plot is that Shylock the Jew has obtained the right to a pound of Antonio's flesh if he does not repay his loan. This is upheld in a court of law, despite the fact that in Elizabethan times, and to this day, you cannot make a contract that gives you the right to commit murder. This is possibly justified in that the trial takes place not in England but in Shakespeare's idealistic rendition of Venice, whose primary function is to serve as an exotic setting rather than a factual depiction of the city and its people. Also, Shylock handwaves this, by saying that he has no intention to kill Antonio, merely to take his flesh. If Antonio expires in the course of Shylock's doing so, Shylock argues this he is not liable as both parties entered into the agreement willingly and presumably aware of the possible consequences. Portia (in disguise) turns this around on him by saying yes, he can take his pound of flesh, but can't shed Antonio's blood in doing so, thus nullifying the contract. Shylock is also convicted of attempted murder for seeking it to begin with, has his property confiscated, and must convert to Christianity to avoid capital punishment. |
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Cracked: Discussed in 7 Bullshit Police Myths Everyone Believes (Thanks to Movies), and The Five Most Wildly Illegal Court Rulings in Movie History point out many instances of this trope, including many listed here, such as The Untouchables (1987), Primal Fear, A Time to Kill, 12 Angry Men, and Miracle on 34th Street. Note that not all of the examples are correct, though. | |
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In one episode of Dudley Do-Right, Dudley finally catches Snidely Whiplash, only for Nell to insist on defending him in court. The episode has numerous absurdly obvious legal errors (this being a comedy program, it was likely that at least some of these were intentional). First, even though Nell apparently had a first-rate legal mind (from reading all the law books in the Mounty Post from lack of anything else to do), she had never taken the bar exam, and thus could not serve as a barrister. There is also no evidence that the prosecutor had ever taken the bar exam either. Or the judge for that matter. Second, Dudley was the judge. Even if a serving police officer could act as a judge, there is no way the arresting police officer would be assigned to said case. And this wasn't the only potential conflict of interest in the participants in the court. The prosecutor was Inspector Fenwick, who was directly involved in the arrest, and was also the judge's immediate superior and the defense attorney's father. The judge had been openly courting the defense attorney for years. And the defense attorney was one of the regular victims of her client's crimes. Basically you have sufficient conflict of interest to draw the validity of the verdict into question by allowing any two of them to participate in the same trial. Third, Dudley overruled all of Nell's objections just so that the prosecution could win the case, without even considering whether or not he had grounds to — at the express instruction of his commanding officer the prosecutor. This would get a real judge censured, and any conviction overturned. It might also get him and/or Inspector Fenwick disbarred for conspiring to rig a trial (Though as mentioned above, there's no evidence that either of them had ever passed the bar in the first place). And finally, Nell ultimately gets Snidely off through a ridiculous Society Is to Blame speech in her closing statement (basically claiming that if there had been some sort of program to help people who have a compulsive need to tie stuff together back when Snidely was a child, his habit wouldn't have escalated to the point where he started tying women to railroad tracks). Mounties actually did preside over trials in the remote parts of a few Canadian provinces, but not where they were also the arresting officers. Judges have always been unable to hear cases in which they are also witnesses, as that would be an obvious conflict. |
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In the Carmen Sandiego games, despite the perp always having the stolen property on his/her person, a warrant is needed to make the arrest (which requires identifying said perp first) or he/she gets off scot-free (and should you have a warrant for the wrong perp, you could get in hot water with Da Chief over the possibility of false arrest). This is done for sake of gameplay, of course, but still legally inaccurate. In reality, if you caught someone with stolen property on them, they could be arrested at once. | |
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The Da Vinci Code: Dan Brown seems to be under the impression that all it takes to extradite a British national from their own country is for a foreign law enforcement agencies to make a call to a local police officer. Also, he seems to think that said local police will simply detain the suspects until the foreign police arrive to make the arrests themselves. He says the French police judiciaire is the equivalent of the FBI. It's not-this refers simply to detectives. The closest France has to the FBI is the National Police, but there is no exact equivalent because of the way France's government is organized. It is not federated like the US, so there's no need for an interstate agency. The National Police takes care of civil law enforcement duties for the entire country — except in smaller towns and more remote areas, where the Gendarmerie has jurisdiction, and municipal police exist in some towns and cities — and the police judiciaire is the section of the National Police that investigates the most serious crimes such as murders. Whether this is a case of Creator Provincialism or just another case of Dan not doing the research (or both) isn't clear. Sophie tells Langdon that the police captain suspects he committed the murder and can have him detained for months. No. French law only allows someone to be detained for 24 hours, with another 24 hours allowed if approved by the local prosecutor and the police can demonstrate it's necessary. The captain would have to prove Langdon committed the murder in the face of evidence that Langdon was nowhere in the vicinity, he'd have to answer for destroying evidence when he erased Langdon's name, they'd have to prove Langdon either smuggled a gun into France or acquired one when he was already there, the list goes on. He can't charge Langdon, only the local prosecutor can do that, and he doesn't have enough evidence to make it stick. And to repeat, the prosecutor is going to be seriously pissed that he destroyed evidence by erasing part of what the victim wrote. Of course, Sophie may have simply said that to get Langdon to stop arguing and get moving. |
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DuckTales (1987): In "Hero for Hire", at the end of the episode, Launchpad thanks Scrooge for not pressing charges over his (ignorant) thievery, which is presumably intended to explain why the pilot wasn't punished. In real life, one of the involved parties pressing charges or not may be irrelevant as to whether the lawbreaker gets penalized. | |
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Copperhead follows a frontier sheriff who may or may not be operating under American jurisprudence. Nonetheless: early in the second arc sheriff Bronson chases down a fleeing suspect to recapture his stolen goods. She's disappointed when the original owner says he's not pressing charges and the suspect will go free. At minimum the suspect refused to pull over for law enforcement, physically resisted arrest, and injured the arresting officer. Even if the owner doesn't press charges for the theft, Bronson is also an offended party and the crimes against her should qualify for separate prosecution. | |
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King Charles III: When Charles refuses to grant assent to the Media Regulation Bill, the Prime Minister retaliates by proposing a bill to strip the Crown of its power to grant assent to any bill, which in normal constitutional circumstances can't make much progress in Parliament without King's Consent since it affects the Royal prerogative. | |
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In xkcd the Black Hat Guy is being vetted for the position of Secretary of the Internet. Congress sentences him to death. Guess they brought back the ol' bill of attainder. | |
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American Dad!: The episode "The People vs. Martin Sugar". Stan finds himself on the jury for the trial of one of Roger's personas. You'd expect Stan, who began the episode rhapsodising about public service and being a moral citizen, voluntarily recuses himself because he's aware of hampering the legal process due to his connection to the defendant. Instead, due to his zealous belief that Roger needs to learn the consequences of his actions, he stays silent & bullies the other jurors to find Roger guilty (to be fair, Roger's testimony was a Cheap Pop and the evidence against him was credible), which the other jurors mention in court during the sentencing. Not only that, Roger recognises Stan during the opening arguments, throws several paper airplanes with notes written on them at Stan in open court, and no-one notices the defendant actively trying to communicate with a jury member. |
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These Words Are True and Faithful: Averted. There is no reading of Saul Overton's will. Instead, a copy is served on anyone defined in the state's probate law as "an interested person", along with instructions on challenging the will. This a point where Truth in Television intersects Rule of Drama, since the pastor can study the will in his office and call the church's lawyer. | |
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In The Powerpuff Girls (1998), the titular characters and Princess Morbucks have both spent time in a jail for adult males despite them being little girls. | |
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This was very common in Dan Slott's run on She-Hulk, which is hardly surprising since it was a legal comedy written by a non-lawyer. Many of these were justified by Rule of Funny: The most obvious is that the law firm Jennifer works for, Goodman, Lieber, Kurtzberg, and Holliway, has, in their law library, at least for their super-human law division, nothing but boxes and boxes of Marvel comics. It is explained that, within the Marvel Universe, Marvel comics are all true, and are licensed by the superheroes who star in them, and, prior to 2002, were certified by The Comics Code Authority, a government agency, and are therefore admissible in any courtroom in the United States. It's hard to know where to start with this one. First of all, the Comics Code Authority was never a government agency; it has always been a private ratings agency created by the comics industry itself. Secondly, even if it were a government agency, merely having a document certified by a government agency does not make it admissible, any more than does being licensed by the persons who star in the comics. Thirdly, and most importantly, even if there were no questions about the admissibility of Marvel comics into evidence, the comics are not a source of law; they may be a source of facts, but not law. A mere record of facts is only admissible if the facts are directly relevant to the case at hand. Also, facts recorded in a comic book would almost always be inadmissible as hearsay. The lawyers would have to provide some other source for the same facts to get them into evidence. This one, of course, is justified by Rule of Funny and as a source of Continuity Nods. Then there's Jennifer's first case: Dan Jermain wants to sue the Roxxon corporation, for which he worked as a safety inspector, because he got knocked into a vat of radioactive material, transforming him into the larger, stronger, more powerful Danger Man, wrecking his life in the process. The problem is that, because it was a workplace accident, Jermain can only get workman's compensation; he is barred by statute from suing Roxxon in tort! Also, he can only recover his medical bills and lost wages for a limited time from workman's comp. Plus, as an example of the absurdity of using Marvel comics as a source of law, Jennifer's strategy for winning the case is based on the return of Jean Grey story arc, in which it was revealed that Jean was never the Phoenix, but rather that the Phoenix took her place; based on that, Jennifer decides to argue that Dan Jermain died in the accident and that Danger Man is a totally new entity. That might be true, but the Phoenix/Jean Grey story has nothing to do with it. Jennifer would have to actually prove, with evidence from the case, that Dan Jermain is dead, which is going to be hard since it's obviously not true: Danger Man obviously is Dan Jermain. Then, in a subsequent case, Jennifer and fellow associate Augustus Pugliese sue J. Jonah Jameson for libel on behalf of Spider-Man. They are winning the case when Pugliese decides he wants to add Peter Parker as a defendantnote It came out during the trial that Peter Parker had deliberately falsified certain photos of Spidey that he sold to Jameson., which, shockingly enough, prompts Spider-Man to insist on settling the lawsuit. This is absurd on multiple levels. First, the plaintiff can't add a defendant when the trial is already underway. Second, the plaintiff's lawyer can't add a defendant without his client's permission. Third, no one is going to bother suing Peter Parker, for the simple reason that he's judgment-proof; that is, he doesn't have enough money to pay any judgment you might get against him. Again, this one was pretty much just Rule of Funny. When another of Jennifer's associates, Mallory Book, defends Samuel Sterns, the Leader, on criminal charges, the trial is in New York, even though many of the crimes Sterns is charged with, including nuking a town in Arizona, happened in other states. Under Article III, Section 2 of the US Constitution, and under the Sixth Amendment thereto, the trial of all federal crimes must be in the state and district in which the crimes were committed, meaning the government can only try the Leader in Arizona for crimes committed in Arizona. Plus, Book's defense of Sterns is that, as a gamma-altered individual, he is of diminished capacity. That would be fine, if and only if gamma alteration meant that Sterns either did not know right from wrong, or that he was under an irresistible impulse to commit his crimes. The problem is that two of Book's key witnesses, Jennifer Walters and Dr. Leonard Samson, are also gamma-altered, and both are moral, law-abiding citizens; Walters, obviously, is a lawyer and superhero, and Samson is a psychiatrist (and also occasional superhero). That doesn't mean Sterns isn't insane, but Book certainly hasn't proved it. Plus which, even if Book had succeeded, that would just mean that the Leader would just end up in an asylum for the criminally insane instead of in prison; the story was published in 2007, the same year New York abolished the death penalty. Around the same time Book was defending the Leader, Jennifer was suing Tony Stark for injecting her with power-inhibiting nanites that made it impossible for her to transform into She-Hulk. The problem is that, while she could theoretically sue for tortious battery, Stark would have an unbeatable self-defense defense: Jennifer, in her She-Hulk form, was beating him up at the time he injected her. At the very least, Stark would almost certainly have qualified immunity, since he was acting in his capacity as director of S.H.I.E.L.D. at the time. Stark would almost certainly win on dismissal or summary judgment, but the comic presents Jennifer as having a real chance of winning a big judgment. The more recent She-Hulk series, written by Charles Soule, is generally more accurate, since Soule is a lawyer, but not always. For example, in issue 9, She-Hulk defends Captain America against a wrongful death action based on alleged negligence by Steve Rogers in 1940, before he became Captain America. The problem is that section 335.1 of the California Code of Civil Procedure establishes a two-year statute of limitations on actions for wrongful death in negligence, as in this case. The other problem is that even if the plaintiffs could still bring the suit, they would have to do so under the law as it was in 1940, and back then, California, like most states, still had a contributory negligence standard, not a comparative fault standard. In this case, the decedent's brother admitted that he was also partially responsible; since contributory negligence is a complete defense, it means that Rogers cannot be held liable at all. To make matters worse, the brother's story, which seems to be pretty much the entirety of the plaintiff's case, is not testified to by the brother himself, because he's dead. Rather, a police officer who was with the brother when he died testified as to the brother's dying declaration, which he revealed what had happened back in 1940. The comic claims that this is acceptable because dying declarations are an exception to the hearsay rule. That is true, if and only if the dying declaration concerns the circumstances of the death. If a dying man says that so-and-so is the one who killed him, that is admissible under the dying declaration exception. If a dying man says that seventy-four years ago, his brother died partly through the negligence of Steve Rogers, that is not admissible. |
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Legally Blonde: No judge would ever allow a criminal trial to be moved outside the courtroom, let alone to the crime scene. In real life, Elle would have to find a way to present the evidence and make her point within the courtroom itself (the way she does in the film). | |
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Something*Positive Plays with a variant of the Shooting a Corpse example — Kharisma spends months trying to murder Avogadro (with his consent, as part of a bet), only for him to die of natural causes. She winds up being found guilty of his murder anyway, since she has left copious evidence from her various attempts and admitted to trying to kill him. That being said, even as the comic covers her trial and appeal the fact that she is guilty of multiple counts of attempted murder seems rather understated.note One could argue that she was guilty of attempting to commit assisted suicide... but in Massachusetts, under Massachusetts General Laws Chapter 274, Section 7, that's Conspiracy to Commit Murder. It doesn't matter if she were successful or if the conspiracy was with the victim himself. Minimum 2.5 year sentence, maximum 20 year sentence. Honestly, the only real question is whether Kharisma committed this crime once, by joining into the conspiracy with Avogadro, or once every time she made a horribly botched attempt to carry it out. (Though since then, we've learned — for example — that she's a prize-winning shot who managed to miss Avagadro multiple times at close range... which could be construed as 'cooperating' with Avogadro's plan just enough to keep him from committing suicide by some other means. Or, you know, not.) | |
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In the Motion Practice series, which recasts various Marvel superheroes as lawyers, every story with a significant amount of legal action in it has a disclaimer noting that the legal processes depicted may have been altered for the sake of drama, and should not be relied on as having any resemblance to real life. Some individual chapters have notes pointing out specific instances (such as the investigation in Harmless Error being tweaked to give the main characters more to do than sit back and wait for the results). | |
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The Zombie Survival Guide: Brooks says "Obviously, any civilian group will not have access to a real tank or APC". In practice, a civilian can acquire a tank having enough money to spend, as civilian collections/museums do, just that legally all weapons have to be deactivated by welding the breechblock. But it still has treads and armor and can reduce the enemy to a bloody pulp. Plus, ever since the War on Terror began, police departments have been getting APCs with functioning turrets. | |
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Harry Potter and the Natural 20: The Witchcraft Act of 1735 didn't prohibit witchcraft, though the name is confusing. Rather, it had outlawed accusing someone of witchcraft, or claiming to have supernatural abilities. Plus, the police caution given in 1992 is wrong. For that, see You Do Not Have to Say Anything. | |
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In Minions, Queen Elizabeth II is forced to abdicate the throne to Bob because he pulled the sword from the stone and is therefore entitled to become king of England. In reality, it's actually Parliament who decides who's on the throne via an established line of succession, and the "Sword in the Stone" legend has absolutely nothing to do with the modern-day British monarchy, so Bob pulling out the sword shouldn't have gotten him anything. Later, when Scarlet confronts Bob over his betrayal, he offers the crown to her. When told he can't simply abdicate the throne to her, he remedies this by changing the law to allow it. The problem, of course, is that the British monarch can't do that; the power to make and change laws rests with Parliament. |
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L.A. Noire: In the final case on the Patrol desk, Captain Donnelly asks Cole to interrogate the suspect in hopes of obtaining a confession...even though Cole has had zero training in doing so. During the Arson Desk, Biggs tries to get Cole to drop his Always Murder suspicions by explaining that the overwhelming majority of arson cases are just insurance scams. Suffice to say, in reality the motivations for arson are more varied, from murder to revenge to hate crimes. |
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League of Super Redundant Heroes: Good Girl gets sued in a Frivolous Lawsuit that would probably get thrown out in RL if the circumstances behind it were possible, if for no other reason than the fact that existing copyright law specifically states that God cannot own trademarks. The artist responsible for this arc of the comic openly admitted that he knows nothing of law and is running on Rule of Funny: The judge (who is shown to be rather blatantly prejudiced against her before the trial even begins) is willing to consider life imprisonment as part of the punishment if she's found guilty. When her lawyer points out that punishments of that nature aren't legal in civil suits, the judge's reply boils down to "I'm the judge, I can do whatever I want to. The defense is found in contempt of court for daring to question me.". Then proceeds to pass sentence without even hearing or caring what the jury's verdict is. There is also the fact that God themselves is one of the parties in the case. For someone to appear in court, they have to be provably real and possible to contact (which is why you can't sue God in real life; God has no contact information, so getting them to appear in court is impossible). While the comic gets around this by having the pope appear as God's representative, there is no legal paperwork establishing that God has appointed the pope as their representative (the Bible is not a legal document anywhere outside of the Vatican). |
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Summertime Saga: After Mayor Rump is arrested for his dealings with The Mafiya, Melonia tells him that she's divorcing him and that after his offshore accounts have been seized, his stateside fortune will go to her. Obviously, that's not how it works in real life. Even if he's held without bail until his trial date, he can still use any assets that are in his name as he pleases. Divorce settlements aren't set in stone either. Depending on what the parties may agree to out of court or whether it's up to a judge, she may end up with most, some or none of them (if he has a pre-nup that isn't thrown out by an activist judge). | |
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In Batman: The Animated Series Poison Ivy was once disallowed from going to jail simply because she was apprehended by Batman, not a cop. Even if that were to apply in that particular case in that particular universe, there's all the other times she's escaped prison for all the other crimes she's committed (and she's not always caught after she commits a crime, even though gathered evidence implicates her.) Incidentally, in some older stories, Batman has the same legal standing as a police officer, albeit one in tights and a cape. He could also have made a citizen's arrest in any case. Ironically, if he's not an agent of the police, it'd be the opposite: requirements like Miranda Rights and warrants only apply to law enforcement. Of course, he'd also have more potential liability than a police officer for misconduct. Justified by the later revelation that Task Force X exists in the DCAU, so villains are released in exchange for top-secret work, and then they have to lie about it to the public. | |
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In The Fountainhead Howard Roark is allowed to argue that his blowing up of a building (because his design for it had been changed) was justified and for the jury to acquit him (they do). No judge would permit him to argue for this, which is called jury nullification (ignoring the law even when the defendant is plainly guilty of violating it). | |
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In a The Adventures of Jimmy Neutron, Boy Genius episode, the titular character (who is ten) is thrown in an adult jail and forced to work on a chain gang after being accused of a crime, before a trial. Even more ridiculous, his friends are arrested and thrown on the chain gang simply for realizing (out loud) that Jimmy wanted them to smuggle him escape tools, despite not acting on this or even having an opportunity to. | |
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Bee Movie: Barry B. Benson's case against the honey industry has so many issues that LegalEagle did a video on it. The whole "sue humanity because they're stealing honey from bees" just doesn't work. "The human race" is not a recognizable, suable entity (a similar problem to how people in real life have tried to sue God, without any meaningful outcomes). Also, legally, bees are chattel, animals owned by humans who are legally permitted to reap their producenote However, as pointed out in LegalEagle's video, since the bees are clearly sentient and able to talk to humans, a case could be made that they shouldn't technically be counted as chattel and would therefore be entitled to compensation for the theft of their honey. A florist cannot help sue another party in court. Vanessa is engaged in the unauthorized practice of law. She also doesn't properly handle the letter that starts the lawsuit (you or a process server have to personally go down to the courthouse to file the suit, you can't just stick it in the mail), and it's also addressed to the "Superior Court of New York," when the district court in New York State is known as the "Supreme Court".note The movie writers, being located in Southern California, probably got the terminology mixed up, since it's called the Superior Court there. Barry Benson sues the five largest honey manufacturers on behalf of the bees they exploit. This is a class action lawsuit, where a few representative plaintiffs claim that they are representative of a larger class of people, and as a result, they claim that they should be able to prosecute the lawsuit on behalf of all of those people who are similarly affected. Going with the federal definition of a class action lawsuit, there are some requirements you have to meet before you're able to proceed further per Rule 23 of the Federal Rules of Civil Procedure, which requires: 1) An adequate class definition. (They've defined the class as all bees. Not all of whom have had their honey taken) 2) That the class be ascertainable. (There are billions, if not trillions of bees out there, and there is no way to identify the individually affected bees) 3) That there must be numerosity, in other words, a lot of people. (This is met, but...) 4) There must be commonality amongst all of the class members. (Different bees are treated differently) 5) There must be typicality between the representative plaintiffs and the class members. (Barry's hive isn't a commercial one for honey harvesting, and thus Barry isn't typical of the bees affected) 6) Adequacy of counsel. (Barry's not even a lawyer, so he can't even proceed with this proceeding, let alone adequately represent the actual class members that he's trying to move forward with.) 7) Some other requirements (that are also not met for the above reasons) This lawsuit goes straight to trial rather quickly, completely ignoring the years of pretrial discovery and motion practice that would have to happen first. When the defense presents their opening statements and case before the plaintiff does (when the plaintiff outlines what the matters in contention are), there's an obvious logical, let alone legal, problem: Montgomery goes straight from counsel table directly into the well of the court, and then gets very close to the jury box, a serious breach of courtroom etiquette. His opening statement is also completely improper argument that should be stricken from the record. In similar fashion, Barry flies straight from counsel table directly to the ledge in front of the jury box to give his opening statement, also a breach of courtroom etiquette. During the direct examination of Mr. Klauss Vanderhayden of Honey Farms, the plaintiffs' defense should be objecting for relevance repeatedly. To demonstrate how the bear as the shape of a honey jar is offensive to bees ("BEARS KILL BEES"), Barry has a muzzled grizzly bear brought into the courtroom. In addition to being completely irrelevant to the court proceedings, it goes without saying that a demonstrative cannot be a lethal animal, or probably any animal at all except for service dogs. During Montgomery's effort to grill Barry about his relation with Vanessa, people and bees should be making objections of relevance. Montgomery's examination gets to the point that Adam, Barry's co-counsel, loses it and stings Montgomery. In real life, Adam would be facing assault charges and disbarment (or rather, would be if he had any legal credentials to begin with). And there is absolutely no way that he would be allowed to sit at counsel table for the rest of the trial (in fact, it's just as likely the judge would've declared a mistrial because of how unfair it would be to the plaintiffs, the defendants, and their attorneys to have to proceed with a tainted jury). The court case happens in a courtroom in New York City, rather than in Washington DC before the Supreme Court of the United States. Ergo, any patent rights the bees are granted wouldn't be applied to the rest of the United States, let alone the other nations in North America, Canada and Mexico. The way the judge up and decides the case is a major stretch. The judge cannot unilaterally decide in the middle of the court case to just grant the verdict in favor of the plaintiffs. Such a decision would be immediately overturned on appeal because the defendants were denied their due process. The settlement demands are unrealistic: The winners of a lawsuit are generally entitled to monetary compensation. You can sometimes get back the actual physical property that you feel you are entitled to, per specific performance. But that's primarily seen in real estate cases. If it's possible to give financial compensation, the court almost always will give financial compensation. And there's no reason that the bees couldn't be given financial compensation instead of a return of all of the honey.note Though they might argue that honey is their form of currency On top of that, all of the things that they are getting in this potential settlement would never be given by the court. "We will no longer tolerate derogatory bee-negative nicknames" probably violates the First Amendment right to free speech. "We demand an end to the glorification of the bear as anything other than a filthy smelly big-headed bad breath stink machine!" would definitely violate the First Amendment right to free speech. We see federal agents seizing honey from a woman on the street using it as a tea sweetener, with no indication that an injunction was granted to stop the consumption of honey already in the stream of commerce. |
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Wonder Woman Vol 1: When Paula goes to trial after her Heel–Face Turn it's somewhat unclear what she's even on trial for. The prosecutor brings up the murders she's been convicted of and Diana cuts him off with a mention of Double Jeopardy, but Paula should be in trouble for plotting to blow up a munitions factory (which she then did everything she could to prevent after her daughter was returned to her and the Nazis couldn't use her against Paula) and her escape from prison. While the jury is obviously sympathetic to her being forced to work for the Nazis under duress the woman still killed at least one guard (a murder she's never tried for) and escaped from prison without serving her full term. This is never brought up. | |
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Mr. Boop: Even the characters seem unclear about the exact nature of the laws regarding Betty Boop's father's copyrights over Betty. | |
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Eight Million Gods: The main character's mother keeps trying to have cops track her down and throw her in an insane asylum. The character's mental condition is OCD. Specifically, a compulsive need to write horror fiction. This is clearly not a condition that puts herself or anyone else in danger. In fact, it's arguably beneficial, since she's been making a living off of the royalties of the books her compulsion creates. It's implied that her mother gets away with this because she's a wealthy politician with lots of influence. | |
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In Ctrl+Alt+Del, based on Lilah's word, they were going to cavity search Christian after she indicates him as a terrorist in an airport. They don't seem particularly concerned about the implications of filing a false police report, nor pissing off someone who has demonstrated a willingness to spend lots of money to satiate his own petty whims. | |
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In virtually every Encyclopedia Brown book, Bugs Meany tries to frame Encyclopedia for something, only for the other boy to prove that the accusations are bogus. Knowingly filing a fraudulent criminal complaint is a crime in and of itself in 99% of police jurisdictions, so Bugs' attempts to get Encyclopedia arrested for crimes that never happened should have gotten him arrested and thrown into a juvenile detention facility by the end of the third book. And even if he was released, the police would likely ignore any later accusations from Bugs on that grounds that he was a known perjurer. | |
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Largely averted in The Trial Of Tim Heidecker. It closely sticks to how real-life criminal proceedings in the state of California function, partially due to the fact that some of the actors playing the lawyers had actual legal experience. The only exception to this is Tim himself, who goes ''pro se'', makes a fool of himself, and gets two contempt of court citations in one day. | |
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The Super Dictionary: In the entry for "judge", the judge pronounces the Penguin guilty. Juries pronounce people guilty, and judges only give the sentence (except if they have a bench trial, where the defendant waives their right to a jury, which rarely happens). | |
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Pixie Trix Comix: The scheming GiGi wants a divorce from her unfaithful husband, but also wants to be 100% sure that he won't get any part of her family's business in the settlement. Hence, she and her secretary/sidekick FiFi have engineered a Honey Trap whereby FiFi seduces him and gets clear and unambiguous evidence of the fact. All classic sex comedy stuff — except that Canada has no-fault divorce these days, and pinning the blame on him shouldn't really change much about the outcome. (Adultery is one possible basis for a divorce, but it would mostly serve merely to speed up the process.) It's possible that the couple have a prenup that would make this more effective, though it's not entirely certain that would be enforceable; alternatively, the women may have some kind of blackmail scheme in mind, but that would depend on other factors to work. Really, this is just a type of joke going back to periods when the law was different; the comic does tend to lean on old-fashioned gags sometimes. | |
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In Debt of Honor, the price Jack Ryan sets for becoming Vice President is a presidential pardon for CIA agent John Kelly (now known as John Clark) for being the serial killer known as the Invisible Man, who wiped out half the drug dealers in Baltimore in the seventies in the novel Without Remorse. Since said killings were all violations of state law, not federal law, the president wouldn't have the power to pardon said crimes. That would have to be done by the Governor of Maryland. | |
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In The Incredibles, Supers are not immune from public and legal backlash. Generally "Good Samaritan" laws would protect individuals from prosecution or lawsuits for damages or injuries that occur when responding to a crime or disaster. However, the movie does state that the lawsuit made it to "Superior Court" implying a possible reevaluation of those laws with regards to superpowered individuals because of the higher level of destruction they can cause. There are context clues (such as the date of the newspaper Bob sees with the article on Gazerbeam's dissappearance) that hints that the movie takes place shortly before the "Good Samaritan" laws became commonplace. |
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The Hitchhiker's Guide to the Galaxy opens with Arthur Dent's house about to be demolished so that the government can build a road through the land. While done legally very often, it requires much longer processes than was depicted in the story. The local government could not legally tear down Arthur's house unless they owned it through eminent domain, which meant purchasing the property from either him or whatever bank held the mortgage. And once that was done, they would have to issue an eviction notice to Arthur giving him a reasonable amount of time to find a new home and move his possessions there. Which could not be done unless Arthur was being informed of what was going on. Instead, he is somehow completely ignorant of what is going on until one day before the scheduled demolition, when a member of the demolition crew shows up to say that they're going to level the house. And when he goes to the local hall to protest, it turns out that the division in charge of such projects is so (deliberately) out of the way, loaded with bureaucracy and works at such odd hours that it is pretty much impossible to protest. And the crew then shows up the next morning and proceeds to destroy his home and all his belongings without granting him any sort of compensation for his loss the moment Ford takes him far enough away that Arthur can no longer raise a fuss. Then the Vogons invade and proceed do the exact same thing to the entire planet, but that's pure Rule of Funny. | |
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SpongeBob SquarePants had an entire Courtroom Episode where Plankton tried to sue Mr. Krabs for everything he had (including the Krabby Patty Secret Formula) after slipping in a puddle due to the lack of a wet floor sign. While most of the examples can fall under Rule of Funny, (such as SpongeBob defending Mr. Krabs despite having no training note Krabs did hire an actual lawyer, but he got injured and SpongeBob was the Closest Thing We Got and later nobody objecting to SpongeBob placing a mop on the witness stand), a case of this with no good excuse occurs at the end. The jury gives a not guilty verdict to Mr. Krabs without deliberating to review the evidence and despite the fact he likely would have lost the case in real life. Sure, Plankton was exaggerating what injuries he may or may not have had, but the risk of injury is enough to have be found liable for negligence. Also, guilty and not guilty verdicts are only handed out in criminal trials; in civil trials (which would include a lawsuit) the defendant is instead found to be liable or not liable. Plus the jury consists of 10 people when it should be 12. Another episode has Mr. Krabs being sued again, this time for knowingly selling rotten Krabby Patties at the Krusty Krab (He was capitalizing on SpongeBob's popularity following a review from a famous food critic and rotten patties happened to be yellow with spots). The problem is that the jury are all visibly ill due to the rotten patties (and include the above-mentioned food critic), which throws the idea of a fair trial out the window. Given the popularity of the Krusty Krab, either a venue change or possibly having the case handed by a higher court (if one exists) would be needed. And like in the first example, the guilty/not guilty verdict is used despite it being a civil case. This does get balanced out by the fact the judge is on the opposite end of the spectrum. He is a fan of SpongeBob which leads an inevitable conflict of interest which Mr. Krabs exploits by effectively bribing him to get off scot-free. There is also the episode where Plankton accidentally steals a modern art piece (don't ask). First, the police chase Plankton well out of their jurisdiction, even up to the International Space Station, which is mainly Rule of Funny. But that excuse can't be given for what happens next. Plankton tries to evade the authorities by breaking into SpongeBob's house and claims he would be arrested too since he is harboring a criminal. Except he wouldn't, as Plankton broke in and proceeded to use this threat to get him to cooperate, which is the exact opposite. Littering is shown to be Serious Business in the show more than once, with penalties ranging from community service to prison time. Of course, they all live underwater where pollution is a much bigger problem. |
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Transformers: Animated: Porter C. Powell was able to use his money and power to free Henry Masterson. Despite Masterson going on national television, declaring that he would blow up the Solar Power Plant, wiping out the state of Michigan, which would have killed at least several million people. Powell also talked Masterson's way out of punishment for his crimes in that episode. Regardless of the validity of his argument about a robot's rights, Masterson lied to the police about a Decepticon attack and nobody said anything about arresting him for that. Masterson remained on Sumdac Enterprises' payroll until Isaac Sumdac returned and fired him at which point he tries murder Isaac and Sari fails and is finally arrested. Additionally Powell claimed the incident happen "international waters" when in reality it was just one of the great lakes (given the show's setting either Lake Erie or Lake St. Clair) however this still means that which country it took place is still in question. |
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Harvey Birdman, Attorney at Law breaks just about every legal rule there is, but it's not exactly meant to be taken seriously by anyone. This was called attention to at one point; Birdman's passionate use of the insanity defense in the Devlin case actually moves the jury to tears and seems to ensure a win, but Der Spusmacher then tells Birdman that he can't use an insanity defense because it isn't a criminal trial. | |
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One Team Fortress 2 comic features an in-universe example, where the Demoman and his Eyelander are watching a trashy-as-hell show called Ghost D.A. while drunk on the couch. The titular character, John Phantom, has the apparent catchphrase "The defense rests... in peace!" The Eyelander angrily points out that if he's a district attorney, as the show's title suggests, that makes him part of the prosecution, not the defense, and indeed, he seems to have spent the episode prosecuting a criminal. (Also, he makes a silly sound when disappearing, which the Eyelander suggests means they didn't do their research on ghosts, either.) | |
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A Punisher story made hash of the Insanity Defense by having a judge not remand the Punisher for psychiatric examination, but simply decreeing that he was "insane" on the basis of counsel's rhetoric (and over his vehement objection). | |
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In the Dick Tracy video game, Tracy can only arrest the culprit of each case. He cannot arrest the suspects he approaches, despite them sending out thugs to try and kill him when he goes to confront them. Needless to say, in real life, they would be arrested for attempted murder by proxy. | |
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In Pixar's Up, Carl is involuntarily committed to a retirement home after he whacks a guy over the head with a cane. The guy, at the time, had been struggling with Carl over his mailbox, despite Carl's repeated demands for him to let it go. While he may have had to pay some damages as a result, a single incident borne of an obvious misunderstanding wouldn't lead to commitment, though the Corrupt Corporate Executive who wanted Carl's house might have pulled strings. After all, tampering with the mail is a federal crime. He could be prosecuted for assault (unlikely) or sued by the man, but the involuntary commitment to a retirement home is only something next-of-kin with power of attorney can do. | |
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In one issue of Daredevil, a judge appointed under Norman Osborn overruled a "not guilty" verdict in a criminal trial and sent the innocent defendants to prison, ignoring 1000 years of legal precedent and the US constitution. To be fair, the Marvel Universe during Dark Reign seemed to be a fascist dictatorship under Osborn, so the law probably changed to allow this verdict (which is otherwise completely illegal and unconstitutional in our world). Osborn getting that job he had in the first place, long after being exposed and jailed for being a superhuman homicidal maniac, whose standard M.O. was flying around a city throwing bombs and who once planned to murder all life on Earth, is however a pretty straight example. You become ineligible for most and/or all political offices, especially at higher levels, if you've committed a felony, and Osborn was never pardoned. Oddly enough, you do not become ineligible for the US Presidency. Numerous felons (mostly political activists like Eugene Debs or Leonard Peltier) have run for President while in prison for a felony conviction (Peltier is even serving two life sentences for murder, but if elected he could pardon himself, so no worries there). | |
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Handle with Care: Picoult admitted to taking liberties with the way juries are selected in order to make that section of the novel more interesting. | |
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Inherit the Wind: There are so, so many instances of this (however much of it's actually Truth in Television—the entire trial was staged). Also, Brady badgering Rachel (though that may have been allowed because the town adores him). This is a minor one, but in the play, Rachel goes up to the stand from the audience. A major no-no. One example is actually removed from the play. The judge intentionally and cynically screwed up the sentencing procedure to get the result thrown out on a technicality (the jury were the ones supposed to decide the amount of fine, not him) thus allowing the Tennessee Supreme Court to avoid the constitutional issue entirely and thus prevent the overturn of the law. |
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Astro City: In "Things Past", Steeljack's trial is hijacked when Cutlass' high-priced private attorney shows up, takes over his case, presents a litany of evidence and witnesses proving Steeljack's innocence, and moves to have the case dismissed... all in the span of a few hours. | |
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Anita Blake: The various vampires and werewolves and other supernatural creatures (except for demons) are all supposed to be taxpaying US citizens. Okay, fair enough. But then Jean-Claude regularly has people summoned to his presence by the expedience of sending a heavily armed thug (Anita) or a powerful vampire (Asher) to retrieve them, often against their will. That's kidnapping. But no one ever thinks to call the cops afterward. Likewise, the entire idea that a vampire or werewolf has to get "permission" from the local vampire lord or werewolf pack leader before moving into a new territory is also a violation of civil rights. One can imagine a vampire or werewolf who is new to the Saint Louis area, and who has been harassed and/or threatened because they didn't get approval first suing Jean-Claude or Richard Zeeman for their entire net worth because of civil rights violations. In this case, however, no one ever actually questions that what Jean-Claude does is technically illegal. Within the story, vampires were only recently granted legal rights by a Supreme Court decision, and had been accustomed for centuries to governing their own affairs by their own laws and customs, while human society treated them as outlaws, that is, totally outside the protection of the laws. They are, in effect, still operating as self-governing ongoing criminal conspiracies, but since the people whose rights under American law are being violated are generally themselves believers in this underground vampiric society, few even think to complain. To put it simply, one of the major themes of the novels is that the US government and the government of Missouri (the series is set in St. Louis) have enormous difficulty making their respective writs run in supernatural society. |
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To Boldly Flee has The Nostalgia Critic placed on house arrest not only before he has been convicted (said trial isn't scheduled for another 20 years), not only before he has been charged, but before the applicable law has even been passed. | |
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The entire Ace Attorney series has a grand time zigzagging through this trope, going off of how much fun/difficult it makes the current trial. Usually the characters have no problem at all rummaging through people's stuff, but there's at least one instance where Phoenix won't let Maya read a letter in someone's apartment (never mind that they've poked through plenty of books, letters, and notes in other investigations). It's also unclear exactly whether or not the defense is allowed to poke around crime scenes. The characters usually make themselves right at home, but in Rise from the Ashes, Phoenix tries to keep Ema from attracting the attention of the detective on duty. In the trials themselves, the defense and the aide can get held in contempt of court for asking a witness to make absolutely sure she got details right in her testimony (a reasonable thing to wonder, given that she had misled the court earlier, and as it turns out, she was still lying), but the prosecution never seems to get in trouble for harassing, screaming at, threatening, whipping, or throwing things at the defense or the judge. Perhaps most infamously, the witnesses constantly change their stories and blatantly lie multiple times, but somehow never get in trouble for perjury. Some of this is justified in that the games were loosely based off of the Japanese legal system, which is somewhat different than the American one (no jury for starters), and the series tries to further handwave it by setting it a decade or so ahead of the release date, but it's still pretty goofy. | |
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Family Guy has never made any claims to realism, but the some episodes stand out as dealing with the legal system specifically: "Peterotica" deserves special mention. Put briefly, Lois's father Carter Pewterschmitt lends Peter $5.00 (that he kept at the bottom of a jar filled with salt and razor wire) to publish Peter's erotic writings. Peter uses the $5 to make photocopies that he sells and credits Carter as publisher. One reader gets into a car accident when he decides to take his shirt off while driving and listening to a book on tape version, then sues Carter and sends his lawyer to his house to seize all of his assets because Carter is liable as publisher. In actuality, in the eyes of the law, it's the driver's own damn fault, and he can't sue anyone for his accident. Even if he could, moreover (and assuming they got past the skillful lawyers that a rich man like Carter no doubt could hire), you can't just seize people's assets in a civil case without lengthy legal processes. "12 and a Half Angry Men", when Mayor West is put on trial for murder, having possibly murdered an aide, has a few examples: While finding completely unconnected jurors would be difficult, since Quahog is a small town and Mayor West is a very public figure (something the judge admits himself), it seems unlikely that Peter, the husband of West's sister-in-law, would be allowed to be in the jury. It's justified later when it turns out that Peter actually had jury duty the day after, and got the dates mixed up, but that opens a slew of other questions as to why he was allowed into the jury at all. Brian is a dog, and therefore shouldn't have jury duty. The jury ends using pieces of evidence they find themselves instead of relying on the police investigation. And that's not even accounting for the fact that one of said pieces of evidence is that the witness didn't have big enough boobs to have witnessed the crime. |
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During the Fairy Dance arc of Sword Art Online, Asuna's family tries to schedule a wedding between her and her father's protege, at the protege's insistence (mainly because her family owns the company he works for and he needs the marriage to the CEO's daughter to get more control over the company—he’s the arc’s Big Bad). Asuna was seventeen, so the marriage would be legal with parental consent, which it obviously had. But the problem was that Asuna was in a coma for almost the entire arc (for reasons that were the groom-to-be's fault, not that Asuna's family knew that). In a case like this, parental consent was irrelevant because Asuna was incapable of giving her consent (which she wouldn't have, as she despised him). A wedding is not legal if one party is not able to speak their vows and/or sign the license, and parental consent is not the same thing as speaking someone's vows by proxy. This is only an issue in the Anime however, as the original Light Novel version of the scene addresses these exact issues and instead has their "wedding" planned as nothing more than a symbolic gesture before Asuna's father simply adopts her would-be-groom instead. | |
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Alex Cross novel Alex Cross's Trial by James Patterson. The book is about a white attorney, Ben Corbett, coming to his hometown of Eudora, Mississippi, at the command of President Teddy Roosevelt to investigate lynchings and the Klan, putting the book's date range between September 14, 1901 and March 4, 1909. The book fairly drips with examples of this trope. Here are a few: In a town dominated by the Klan (which had been officially disbanded since around 1877 and which didn't exist in its modern form until 1915, but that's another issue) and in which the sheriff is a sincere member of the Klan, two "White Raiders" who have come to lynch an old black man and his granddaughter die—one by falling off the roof and the other by being stabbed in the back by the granddaughter. The granddaughter is not only not convicted of murder or manslaughter—she never even gets ARRESTED. It seems that Patterson forgot that self-defense is a plea the defendant makes in court, not an excuse for the cops not to arrest someone, and racist, Klan member cops would be especially unlikely not to. Ben Corbett's father is appointed judge in the trial of the three surviving Raiders (yes, they were arrested by the sheriff who's a Klansman and who believes in what they're doing). This makes no sense, as Judge Corbett seems pretty low on the judicial hierarchy. Corbett tries traffic cases and small claims cases between neighbors. This is a case of attempted murder. Newsflash, Patterson: Corbett is a judge of a small-town civil court, not the judge of a county or state criminal court. Corbett's court doesn't have jurisdiction. The sheriff tells another cop to read the surviving Raiders their rights. The concept of the Miranda rights didn't come into existence until the Supreme Court decision in the case of Miranda v. Arizona (1966). It's somewhere between 1901 and 1909. Miranda rights don't EXIST yet; Ernesto Miranda himself wouldn't even be born until the 1940s. Ben, mid-trial, gets an idea: he and one of his friends will break into the photography offices of Scooter Williams, who takes pictures of every single lynching, and steal the photos and the negatives. Then he will bring the stolen pictures into court as evidence. This ignores several facts: 1. Stolen pictures may be inadmissible. This may or may not be a handicap: most states didn't have a rule against this before Mapp v. Ohio, and even now it only applies to police or people acting as their agents. So they would be liable for burglary and theft, but the pictures could still be admitted. 2. Even if they weren't stolen, the grisly pictures are horrible, yes, and they are certainly proof that lynching exists, which is what Roosevelt wanted Ben to find... but they aren't evidence of anything in this case. They DO prove that the men who went to the Crosses' house had attended lynchings. But they don't prove that these men went to the Crosses' to commit a lynching OR that they attacked the Crosses with intent to commit murder, and any first-year law student would argue as much... 3. ...If the pictures weren't considered prejudicial to the jury and thrown out of the evidence list during preparations for the trial. 4. And since the evidence lists are prepared before trial and are seen by attorneys for both sides, it's unlikely that the judge would accept new evidence mid-trial that the other side hadn't seen—even if the evidence was obtained legally AND proved that the defendants were guilty.note Before the 1920s, courts were a lot less picky about lawyers following these rules, even though the basic ruling had been around since 1789. Moody Cross (the aforementioned granddaughter and Alex Cross's ancestor) is called to the stand and perjures herself by saying that yes, the Raiders had a search warrant and she agreed to let them in, and my goodness, she doesn't know WHY they attacked after that. Ben thinks that this changes everything because now the official story isn't that the Crosses fought men who were performing their legal duty, but that the Crosses acted like good citizens and admitted the representatives of the law, who then attacked them. He seems unaware that: a) the stories the Crosses told and that the Raiders told would have been recorded in the briefs both sides filed with the court, so changing the story now would raise all kinds of questions about "Why are you changing your story? Were you lying then or are you lying now?"; and b) there is STILL no physical evidence that proves that the Raiders attacked the Crosses and not the Crosses the Raiders. When it's time for closing arguments, Jonah Curtis (the prosecutor) tells Ben to make the closing speech. Never mind that Ben isn't listed as an attorney for the prosecution, but as a prosecution witness, and therefore has no right to make the speech. |
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