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    Drew Payne
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Stories posted in this category are works of fiction. Names, places, characters, events, and incidents are created by the authors' imaginations or are used fictitiously. Any resemblances to actual persons (living or dead), organizations, companies, events, or locales are entirely coincidental.
Note: While authors are asked to place warnings on their stories for some moderated content, everyone has different thresholds, and it is your responsibility as a reader to avoid stories or stop reading if something bothers you. 

The World Out There - 10. Ten

The first morning of his trial seemed to be taken up with Mrs Stewart-Graham, the prosecution barrister, Mr Justin Spencer, and the judge arguing.

The first thing that happened was the judge sent the jury out of the courtroom. The twelve people had walked out of there, one following after the other, many of them wearing obvious disappointed expressions on their faces. Liam had watched them in surprise: weren’t the jury there to hear his trial and find him guilty? But they were being sent straight out of the courtroom. He’d thought his trial would start with witnesses giving evidence and being quizzed back and forth by the barristers there, like he had seen on every courtroom drama he’d ever watched on television. Instead, his trial had started with the barristers arguing with each other and judge, and the arguments had all been started by his own barrister, Mrs Stewart-Graham, as she wanted to “argue a point of law”.

The first argument seemed to be about his age. Mrs Stewart-Graham called it "mischievous discretion", and from what he could understand, which seemed very little, it was whether he was old enough to understand what he did was a crime. If he wasn’t old enough to stand trial, did that mean he would just go free, his trial would just end there? This was all so confusing. Mark Hiller had prepared him for his trial and now Mrs Stewart-Graham was trying to get it stopped. He barely understood any of the arguments he heard there: both barristers were using legal terms and words he hadn’t a clue as to what they meant, and the judge talked like he was some really posh politician and Liam understood less of what he said. He just stared at the courtroom in front of him.

But he had killed Rhys Clarke. He was guilty - he knew that. Mrs Stewart-Graham, though, argued that he hadn’t understood where his actions would lead, that Duncan Loughton’s assessment of Liam bore this out. Mr Spencer argued just as intensely that Mrs Stewart-Graham was wrong. He had Dr Harvey’s report that stated Liam knew exactly what he was doing and had taken the knife to school deliberately. Their arguments bounced back and forth like a verbal tennis match. He liked Mrs Stewart-Graham’s arguments the most: she was his barrister, and he was so in awe of her that he knew it coloured his judgement, but she did command the courtroom when she spoke. In the end, the judge ruled in Mr Spencer’s favour though, and disappointment swept over Liam as he heard the man’s words. He didn’t understand the argument, but he knew it was important to Mrs Stewart-Graham, and therefore, it must be important. The judge told the court, in his hard and very posh sounding voice, that Liam was old enough to stand trial: at twelve he was two years past the age of “criminal responsibility”, whatever that really meant, because Liam didn’t, and in the judge’s view, Dr Harvey’s report outranked Duncan Loughton’s because she was a doctor and psychiatrist, and he was only a psychologist. Liam had spoken far more to Duncan Loughton than he ever did to Dr Harvey, even though she had visited him more often, but he also knew that his sole job there was to keep quiet in court. No one was paying him any attention, not even Mrs Stewart-Graham.

Their second argument, which had taken place after lunch, was about his defence, or the defence Mrs Stewart-Graham wanted to use. She wanted to talk about Rhys Clarke bullying him, but the Mr Spencer claimed that that would prejudice the jury against the victim. The two barristers argued back and forth, but the judge finally sided with Mr Spencer again, and Mrs Stewart-Graham couldn’t claim that Rhys Clarke was a bully. As he heard that, Liam stared down at his feet. That was the truth: that’s what had happened. What else was left to say?

Liam stared out at the courtroom as he heard that. How could the jury know the truth now? What was the point of this trial now? Rhys Clarke had made his life a nightmare: by the end, he was feeling physically sick before going to school, and he’d just wanted the bullying to stop. The jury had to know that - they had to know why he took that knife to school; they had to know that he wasn’t one of those kids who used Knife Crime. Now the jury wouldn’t hear any of this. What was the point? No one would hear him and the truth. What was the point of his trial? They would send him straight to prison, and the mere thought of prison made him run cold with fear. School had been bad enough, but he knew that prison was a hundred times worse.

He looked around himself, as the judge announced his decision, and he quickly saw that no one was looking at him, they were all staring at the judge as the judge announced they couldn’t hear the truth of what had happened. No one seemed interested in him. What was the point of his even being there? They wouldn’t hear the truth about him. He stared down at his feet. He was wearing his black trainers: they were so old that you could see the shape of his toes through them, and there was a small rip appearing in the side of the right one through which he could see his grey sock. Mark Hiller had bought him a new suit and shirt to wear to court, but his old black trainers were the only shoes he had he could wear with them. He only had three pairs of shoes and they were all trainers.

I want to give a big thank to @pvtguy for the wonderful job he has done proofreading this story.
Copyright © 2021 Drew Payne; All Rights Reserved.
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Stories posted in this category are works of fiction. Names, places, characters, events, and incidents are created by the authors' imaginations or are used fictitiously. Any resemblances to actual persons (living or dead), organizations, companies, events, or locales are entirely coincidental.
Note: While authors are asked to place warnings on their stories for some moderated content, everyone has different thresholds, and it is your responsibility as a reader to avoid stories or stop reading if something bothers you. 
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Chapter Comments

Juries are always instructed to base their decisions only on the evidence presented, and, I believe, that is what they do for the most part.  My only question, which is the focus here:  what if the "evidence" is not the truth, the whole truth...?  One would hope that there could be an appeal, but, as we know from cases being reversed after many years, those take a long time if ever heard.

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37 minutes ago, chris191070 said:

Wow this feels so real. It feels as if the judge has already made his mind up about Liam being guilty as he doesn't want the jury to hear the truth about Liam.

Thank you so much.

I based this chapter on two different trials, they both struck me as unfair the way illegitimate defences were dismissed/not allowed.

In the trial I watched, the judge seemed to very much have made up his mind and was favouring the prosecution.

I have huge questions about the Criminal Justice system.

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15 minutes ago, pvtguy said:

Juries are always instructed to base their decisions only on the evidence presented, and, I believe, that is what they do for the most part.  My only question, which is the focus here:  what if the "evidence" is not the truth, the whole truth...?  One would hope that there could be an appeal, but, as we know from cases being reversed after many years, those take a long time if ever heard.

It is who decides what evidence the jury gets to hear?

The trial I watched, it seemed like the jury was being sent out of the court room, while the barristers and the judge argued points of law, every five minutes.

I do find this all so complicated and it makes me question how much justice is served.

Plus, this chapter is a child's eye view of a complicated trial.

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On 8/16/2021 at 4:22 PM, Parker Owens said:

Again, I wept: why could the jury not hear what was all of the plain truth? Surely that’s what matters. And yet, in the midst of all the legal point-scoring, the truth of Liam’s life got lost. All that’s left is a one dimensional cardboard cutout of the truth. 

Thank you so much for this amazing feedback. I’m sorry I missed your comment

With this story I wanted to write about what happens behind the headlines. Liam has been dismissed as a child knife killer but there is a whole life behind those headlines. His trial is running on the black and white arguments of what he did, there is no room here for the nuances of what happened.

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Readers unaware of the UK legal system need to keep in mind a BIG difference between UK courts and those of the U.S. In the UK, you are "Presumed guilty, unless and until proven innocent"* (*from HM Solicitor General for the UK and Wales).

Also, unlike the U.S. where judges are elected, 'judges' (also referred to as 'Justices' and 'Magistrates') in the UK are appointed (although supported in their 'appointment' by politicians of certain parties, so in they're just as likely to be partial to political whims). This Judge, in his rulings against motions by Liam's Barrister - Mrs. Stewart-Graham, is likely being pressured to achieve a preferred outcome. Thus setting the stage for a trial that ignores the truth or reasons behind what set Liam up for this, and getting a result 'The Crown' (government) wants to keep the public happy.

Liam has everything stacked against him, and I feel sets the stage for an unfortunate outcome. Not just in terms of being found guilty, but not getting the help he desperately needs and possibly being suicidal.

 

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10 hours ago, Anton_Cloche said:

Liam has everything stacked against him, and I feel sets the stage for an unfortunate outcome. Not just in terms of being found guilty, but not getting the help he desperately needs and possibly being suicidal.

 

@Anton_Cloche, thanks for your comment, you've hit several things right on the nail.

In England you are innocent until proven guilty (Ha, ha), but so often so many people have made up their minds before a trial begins, and that can include the jury. I learnt a lot about the English justice system from reading the Rumpole stories by John Mortimer, who was himself a barrister. In many of those stories there were judges who had already decided the guilt of a defendant before the trial starts. The two days of a trial I observed, as research for this story, I saw a judge who had decided that the defendant was already guilty. I was shocked, and that shock formed the character of the judge here. I also wanted to make the judge the voice of the establishment.

I'm writing chapter 22, and I have this story planned out, so I know what will happen. Mrs Stewart-Graham has a lot of grounds for an appeal, but that will be explained, also I will explain about what is happened outside of the courtroom, which Liam has been shielded from, which is causing a lot of pressure on everyone taking part in this trial, including the judge.

This story is told solely from Liam's point-of-view and so we find out facts when Liam does, which can be much later than everyone else.

 

Edited by Drew Payne
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