Boston Law Notes 104 Change of Course

Amani 2022-11-02 13:12:45

Change of Course turns the tide. Both cases in this episode are arguing for someone known to have committed a crime to exonerate them.

Case 1: The CEO of a Fortune 500 company (The CEO of a fortune 500 company) stole a $200 scarf in a shopping mall. If convicted, she will no longer be the CEO. Since she is the firm's largest client, senior partner Paul finds Allen, I believe he must have been disdainful of him in the past, but this time I have something to ask for, and it is more euphemistic to say: We have exhausted all conventional means to make this go away. We have failed. We now need an attorney with experience in, perhaps. .. unconventional means. We have tried our best to exonerate her in all conventional ways, but failed, and now we need a lawyer who is experienced in breaking the rules. Allen used Sally to get close to the witnesses, hold his secrets, and then intimidate, blackmail, and coerce him to change his confession. He achieves his purpose, but disgusts Sally.

Case 2: A drug dealer shot and killed a police officer, seeking defense. Knowing that he did commit a crime, the lawyer still had to bite the bullet and find loopholes. He was in a coma and was tricked by the doctor into confessing before his death and giving a confession. This cannot be brought to court as evidence. First, he is suspected of being tempted to speak because he is insane. The third is that there is only one confession of the perpetrator, no guns, no witnesses, no fibers, no forensic identification or any other evidence. In the end, he still lost, and the widow of the police brought the child to the court hearing to win sympathy points. In addition, although the defense made a strong argument, as the prosecution said, it is far-fetched for desperate people to quibble about dying.

Take a look at the closing arguments of the prosecution and defense:
- Now his lawyer suggests he was perhaps delusional when he confessed, or that he simply lied to protect the real killer, a friend or loved one. Desperate suggestions for a desperate client. It's insulting to this court, to you and especially to that woman and her two children. Warren Litch murdered her husband. Warren Litch killed their father. He admitted to the police that he did so. Let's not waste any more time.

- I don't know about you, but if I hear that somebody confessed to a crime, I just assume he's guilty. But if I hear the confession is coerced, then... for example, you could have a man bleeding out with a stomach wound, put him in a room with police and clergy who keep insisting to him that he did something, and he might actually come to believe it. My god, we all assume Warren Litch is guilty, but what if he isn't ? Now let's turn to the other evidence. Wait... There is no other evidence. No gun, no witnesses, no fibers, no forensics. All they have is that coerced confession. Now, you might think he did it. And if you're determined, you can even still assume it, I suppose. But if you're to uphold the law and demand proof beyond all reasonable doubt, and if we don't demand that,do we really wanna send a message to the police, "Hey, forget the evidence. Just bring us that confession."


In fact, lawyers are not moral educators, nor defenders of justice and order. They are just defenders, doing their best to exploit the black and white. An attorney in the play said: "It's hard to care for a person who committed such a heinous. It's hard to reconcile what we do and who we are sometimes. It's hard to do things with will." But I'm just doing my job, just doing my job.

Don't look at Allen's ease, but he is also struggling in the turbid world and feels very tired. He didn't hide from Sally - go away, it's a dirty job, full of ugly, inhuman, mean things...
I'm gonna give you some very sound advice. Run. This is a bad business. It is an often filthy, dehumanizing, mean-spirited job. I assure you I take no pleasure in it. It just comes easily to me. But you are not that way. So I suggest you think long and hard about whether you really wanna wake up every morning, with all the promise that morning conveys, and come here.


-the store clerk has recanted. The case might even be dropped. The store clerk has recanted. That's how the case ended. The district attorney has lodged a complaint against you for witness tampering, intimidation, obstruction of justice, extortion. This firm does not engage in that kind of conduct, counsel. We do not intimidate or blackmail. This firm conduct themselves with integrity always. Do I make myself clear? The District Attorney has filed a complaint against you for interference, witness intimidation, obstruction of justice, blackmail. And companies don't get involved in those actions, lawyers, we never intimidate or extort, our lawyers in this firm always act honestly and aboveboard. Am I clear enough?
-More than clear. Transparent.
recant: give up, cancel the preface, change the tone
Lodge a complaint against lodge a complaint against;
tamper: intervene, play with, bribe, tamper with; extortion: blackmail, extort

what a high-sounding hypocrisy. A thank you, what is it?

A few good vocabulary phrases to use. There's something about the legal process --

He's probably more equipped than me. He looks more certain than me. Equipped: Prepared, refers to fully prepared and sure.
He seems to have his wits about him. He seems to be sane. Wit: Mind, wisdom.
I didn't have much to cross him with. I didn't have much to ask him. Cross: Cross-examination, here refers to the inquiry of the opposing lawyer.

The prosecution rests , your honor. The plaintiff requests an adjournment, Your Honor. Prosecution: [Law] Prosecution, Litigation: The establishment and execution of a legal procedure. The defense rests, your honor. Defendant agrees to adjourn.

- Madam Foreperson, The jury has reached a unanimous verdict? President of the jury, has the jury reached a unanimous verdict?
- We have, your honor. Yes, Your Honor.
- Defendent, please rise. Madam Foreperson, what say you? Defendant, please rise. President of the jury, what is your verdict?
- We the jury, in the matter of the commonwealth of Massachusetts versus WL, on the charge of first-degree murder, we find the defendant WL guilty. Jury decision, State M v. WL, charge of first-degree murder, finding Defendant WL is guilty.
- Members of the jury, I would like to thank you for your service in this matter. You are hereby excused. Please be sure to sign out with the courtroom deputy, so you are credited for your time here. Please be sure to sign out with the courtroom deputy so you are credited for your time here. The defendant is to be retained in county until sentencing, which shall be scheduled within 60 days' time. If that is all, then we are adjourned. If there is no objection, adjourn.

I'll review any grounds for appeal. The confession, there are grounds. Get a little tune-up.

Another psychological term: psychoanalyze: treatment with psychoanalysis, analysis.

We either go forward or go in opposite direction, because I don't like where we are now. We either go forward or go backward. This phrase works well and applies to every couple. It's a pity that Allen and Sally broke up, I'd rather believe that he cares about her in his heart, just afraid of her being polluted and hurt.

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Boston Legal quotes

  • Denny Crane: It's a good feeling, you know, to shoot a bad guy. Something you Democrats would never understand. Americans... we're homesteaders, we want a safe home, keep the money we make, and shoot bad guys.

  • [both with a cigar in an ear]

    Denny Crane: We look good together.

    Alan Shore: Yes, we do.

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