L A Law went by me during the 80's without me ever feeling the need to see even an episode of it.
Somehow Ally McBeal got me hooked in 1997. Then there was the Afrikaans legal drama "Fynskrif"...
Now- Extraordinary Attorney Woo has found a devoted fan in me.
South Korean actress Eunbin Park plays an autistic young attorney Woo Young Woo in this series who is hired by a large law firm and proves her worth from day 1. Along with her social awkwardness and her seemingly never-ending battle with the revolving door she displays a brilliant legal mind with creative problem solving that amazes her colleagues.
Still- being on the autistic spectrum draws negative attention. Surprisingly enough the first cheap shot at her autism is taken only in the third episode. This was made by a Prosecutor who asked an expert witness the question- Should the submissions of this Attorney bear the same weight in Court as the testimony of the Accused (who is also autistic).
If you read this question and actually wonder what the answer is thereto you should actually read this blog post to learn the answer. This question was never answered in the episode. Attorney Woo did resign because of it, though...
It is true that for a witness' testimony to be even allowed in Court the witness has to be sober and sound of mind. If there are ever concerns about a witness' capacity to testify the Court requests for an assessment to be made by a medical doctor or psychologist before that witness is questioned in trial.
Now what about the Attorney? The thing is- the Attorney does not testify.
The Attorney does ask questions- and as long as there are no objections to the questions they are allowed. The Attorney also makes submissions and delivers arguments. These submissions and arguments are based on the facts that have been placed on record through the witnesses' testimony and any other evidence that is used during the trial.
In considering the Attorney's submissions and arguments the Judge or Magistrate in any event has to test them against existing law. An Attorney's mental capacity would net even come into consideration when that happens. Think about it- An Attorney who does not know and understand the Law shall not even be able to make any valid submissions to begin with.
A witness' testimony, however, has to be considered for credibility and reliability. A witness does not need to know the law in order to testify. In fact- the most credible witnesses know nothing about the law to begin with. It is the testimony of those with legal knowledge that you should watch out for...
One will never know for certain whether a witness tells the truth. The best the Court can do is to at least make certain that the person who testifies before it knows what he is saying and understands what it is to speak the truth.
That Prosecutor is himself a lawyer and should know this.
Well... I have to watch the next episode to see if Young Woo returns to work...
No comments:
Post a Comment