[WriterGirl_15]

So, I have to rewrite part of a story for Creative Writing. The story's about two groups of boys, the eastchesters and the westchesters. A member of the west is accused of burning down the east clubhouse. One of the older boys recommends a mock trial and he's the judge since he's studying law. He and the two boys chosen as attorneys study law over the week and the trial is in the judge's basement on the weekend. The trial goes smoothly except one boy who the readers can tell is the real criminal causes problems and storms out. In the story, the troublemaker just leaves, the trial continues, and the accused is found not guilty. In my rewrite, the troublemaker yells at another boy he was using to blame the accused. Everyone else hears, the troublemaker runs, the other boys catch him... and I don't know how a real court would deal with this (a witness turning out to obviously be the criminal) is there a certain procedure or something? Because no matter what the kids end up doing, the judge kid is telling them throughout the story how a real court would deal with each circumstance. Please help and thanks in advance!

[Eileen G]

In spite of what some television shows would lead you to behave, this doesn't happen in real court, and there is no court procedure to handle it.

However, courts are always full of police officers, so if someone did something which demonstrated or implicated him in criminal behaviour, he would be arrested by one of them.

If necessary, the Judge could direct one of the officers present to arrest the alleged criminal and charge him. Then he would get a separate trial of his own, at which the Judge might be a witness!

[AK lawyer]

... i dont know how a real court would deal with this (a witness turning out to obviously be the criminal) is there a certain procedure or something? ...

If at some point in the trial it is obvious to everyone that the defendant (the one on trial) is innocent, the first order of business is to dismiss the case. Either the prosecutor would do this without being asked, or if necessary the defendant's attorney would move to dismiss, or the judge would order the dismissal on his own.

Prosecutor: "Your honor, the prosecution moves to dismiss the case.
Judge: Motion granted. Defendant is to be released from custody."

Or

Defense Attorney: "Your honor, the defense moves to dismiss the case.
Judge: Does the prosecution object?
Prosecutor: Well, your honor, I, ... er ... don't ... know if this new evidence is, ... er, enough to ...
Judge: Motion granted. Defendant is to be released from custody."

In either case, a written order would probably be entered later.


Then it would be up to the prosecutor to charge the criminal/witness. Pending formal charges (a grand jury indictment might be desired), the criminal/witness would probably be arrested. If there is no police officer handy, the in-court bailiff might be asked by the judge to take him/her in custody while the police are called in.

Then, of course, normal procedure would apply with respect to a trial of the new "suspect". This would include appointment of counsel, arraignment (asking how the defendant wants to plea), etc. That would take weeks at a minimum, and probably months.

Pretty much the way it happens on television.

[WriterGirl_15]

Thanks you guys! This really helps my story.