Post by codystarbuck on Dec 3, 2021 0:14:56 GMT -5
Is anyone a lawyer here?
I know I could Google this, but I prefer discussion over soulless search engine results.
I started watching Season One of Perry Mason recently. It aired in 1957. So I have a legal question or two. All in good fun, of course, no serious problems, I know artistic licence is a thing. I have never been in a court other than to pick up passengers, I have never been inside a courtroom, except a mock-up one in a museum!
1.) Perry Mason seems to act as an investigator as much as an attorney, often going out and doing a lot of tasks. Modern shows depict lawyers hiring private detectives (of having them employed full-time). How likely, then or now, would it be for an attorney to be making calls, investigating crime scenes, etc?
2.) In the episodes I’ve watched, defendants and witnesses have raised their right hand and swore to tell the truth, instructed by a court official. No Bible, though. I’m sure some 60s (and later) dramas featured the Bible. Is there a point in which Bibles became part of a courtroom proceedings?
3.) In UK legal dramas, the judge seems to speak very little, other than summing up and occasionally ensuring rules are followed. In Perry Mason, the judges talk quite a bit, ask questions of their own, etc. If there are any lawyers here, what’s the reality?
4.) A ballistics test took place in court in the fourth episode. How likely is it that that would occur?
I am enjoying the show, and my appreciation of it will not be diminished if the reality is different, but I am sure it’d be fun to find out the answers.
Because the stories were a combination of mystery and court room drama, you saw Mason do more investigating and questioning, outside the court room, then cross examination within. However, he did employ the services of the Paul Drake Agency, to investigate his cases, with Paul Drake played by William Hopper. Paul usually does some of the leg work in each episode, though it varied from episode to episode.
Much of what you see in the courtroom is played for drama and law schools have traditionally advised students to forget what you see in Perry Mason (and later dramas, like Law & Order). Mason would bring surprise witnesses, that would never be allowed, pulls stunts in the courtroom that might get him held in contempt (or disbarred, in the extreme), to get the dramatic confession.
Elements of the novels were adapted into episodes; but, the general consensus (I've never read Gardner) is that the books were superior to the tv series. He loses 3 cases over the course of the series.
Perry Mason had a huge influence on how people in the US perceived courtroom cases, often to the consternation of real lawyers and judges. Similarly, shows like CSI have affected the way jurors deliberate cases, when there isn't elaborate forensics evidence, but considerable eyewitness testimony, according to studies. Also, shows like Judge Judy, where civil cases are done, have been heavily criticized for the antics of the judges in them.
In the US, you don't have to "swear" an oath, you can "affirm," as swear has been known to cause offense, and the "So help me God..." bit can also be deleted. You also have different types of courts, between municipal courts, state courts and Federal courts, due to various jurisdictions.
In regards the ballistics stunt, the prosecution would present the forensic ballistics tests and the defense might present an expert witness to dispute those findings. They might have tests done by an independent lab, to offer in rebuttal. I don't have first hand experience, but, I suspect it is more likely that the interpretation of test results will be questioned more than the actual results, much like other data. More often than not, what data tells you is based on who interprets the data, which is why Hell is being locked in a room with two economists to debate the same set of government figures.
For its era, Perry Mason is probably a bit more accurate than similar drama. The books were definitely better, because Gardner had the experience that the tv writers lacked.
Now, Night Court was 100% accurate!