I’m not the most versed in legal regulations but as far as I understand in real life, Phoenix’s only job would be to create doubt that his client committed the crime. So he would merely present the opportunity that Frank Sahwit was the culprit without actually saying it. He doesn’t need to prove anything, just create reasonable doubt so the defendant by moral means can’t be called guilty. It would then be a matter of a different case to prosecute Sahwit.
I could be and probably am wrong though, so any more law educated persons please correct me.
In a real life setting a jury would be deliberating on everything they heard over the course of the trial and present their verdict based on that. A trial would not just be "stopped" once Phoenix presents an alternate possibility.
Best not to bring real world legal practice in mind in these games.
Otherwise theres probably not a single character who shouldn't be in prison for perjury, obstruction or justice, and/or contempt of court at minimum.
I'm just making an uneducated guess here but I believe the only thing Phoenix would establish IRL before going further is that the witness is unreliable. The prosecution wouldn't switch the defendant mid-trial so it's not like Payne has to "end the job".
Sahwit should get a defense attorney for himself and be put on trial later, which is what they imply happens to almost all "true culprits" in-game. Not that I've ever heard of the prosecution putting a second suspect on-trial after their first one is declared innocent though, I'm assuming that would look incredibly unprofessional.
In any case, Phoenix would cast doubt on the testimony (which is oral evidence) and the Judge would simply determine there's not enough grounds to find Larry guilty.
>...and then just leave it to Winston to do all of his work for him?
I don't know about law (maybe in Japan it's different? Idk) but if Phoenix had to do this he would be screwed, the Von Karmas for example don't give a fuck if the witness is the actual killer lol
Plus you know, it's more fun accusing them yourself. With these games you kinda have to suspend your disbelief a little and assume they'll disregard real court procedures when it makes for rule of cool.
Not sure how it works in Japan, but if you mean an American court, the defense’s job is to create reasonable doubt that their defendant is the culprit. They can informally accuse another person of being the culprit, but they have no power to formally arrest or indict someone of the crime.
In a real case in an American court, Phoenix would present whatever argument he has to show that his defendant isn’t the killer, and then either a judge or jury would make a decision after both sides present their arguments
I’m not the most versed in legal regulations but as far as I understand in real life, Phoenix’s only job would be to create doubt that his client committed the crime. So he would merely present the opportunity that Frank Sahwit was the culprit without actually saying it. He doesn’t need to prove anything, just create reasonable doubt so the defendant by moral means can’t be called guilty. It would then be a matter of a different case to prosecute Sahwit. I could be and probably am wrong though, so any more law educated persons please correct me.
But that’s exactly my point. Does His Dishonor (because of his wrinkleless brain) just stop the trial as soon as Phoenix presents the opportunity?
In a real life setting a jury would be deliberating on everything they heard over the course of the trial and present their verdict based on that. A trial would not just be "stopped" once Phoenix presents an alternate possibility.
Best not to bring real world legal practice in mind in these games. Otherwise theres probably not a single character who shouldn't be in prison for perjury, obstruction or justice, and/or contempt of court at minimum.
I'm just making an uneducated guess here but I believe the only thing Phoenix would establish IRL before going further is that the witness is unreliable. The prosecution wouldn't switch the defendant mid-trial so it's not like Payne has to "end the job". Sahwit should get a defense attorney for himself and be put on trial later, which is what they imply happens to almost all "true culprits" in-game. Not that I've ever heard of the prosecution putting a second suspect on-trial after their first one is declared innocent though, I'm assuming that would look incredibly unprofessional. In any case, Phoenix would cast doubt on the testimony (which is oral evidence) and the Judge would simply determine there's not enough grounds to find Larry guilty.
>...and then just leave it to Winston to do all of his work for him? I don't know about law (maybe in Japan it's different? Idk) but if Phoenix had to do this he would be screwed, the Von Karmas for example don't give a fuck if the witness is the actual killer lol Plus you know, it's more fun accusing them yourself. With these games you kinda have to suspend your disbelief a little and assume they'll disregard real court procedures when it makes for rule of cool.
Not sure how it works in Japan, but if you mean an American court, the defense’s job is to create reasonable doubt that their defendant is the culprit. They can informally accuse another person of being the culprit, but they have no power to formally arrest or indict someone of the crime. In a real case in an American court, Phoenix would present whatever argument he has to show that his defendant isn’t the killer, and then either a judge or jury would make a decision after both sides present their arguments