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Law & Order UK marathon

Christopher

Writer
Admiral
I've spent most of the day watching the Law & Order UK marathon that BBC America was showing. I missed the first broadcasts of this on BBCA, so this was my first chance to see Jamie Bamber and Freema Agyeman in this show (and one other actor I know -- the DA-equivalent character is played by the actor who played Professor Bracewell in Doctor Who this past season). Some of the scripts were adaptations of episodes I've seen, though most were taken from the first few seasons that never get rerun anymore. (Although I could tell when episodes were adapted from later seasons, because some of the lead detective's lines were distinctly Lenny Briscoe-ish.)

Of course the episodes are all adapted to British law and terminology, and though I could pick up on a few things (like how a defense attorney is called a "brief" and there's a charge called "GBH" for grievous bodily harm), I still found myself wishing for some annotations. What's a Trojan unit? What does M.I.U. stand for? Why is Freema the only one exempt from wearing a wig in court? (It can't be gender, since there was a female defense attorney -- err, brief -- wearing a wig in one episode.) And so on.

There were a lot of courtroom scenes that diverged from proper US courtroom procedure, like barristers giving argument during examination or not objecting to things that would warrant objection, and I'm wondering how much of that was a difference between the court systems' rules and how much was just the sloppiness toward courtroom procedure that's typical of L&O in the states. Also, do they have double jeopardy rules in England? There was an episode where a suspect was acquitted of a crime and it was subsequently discovered that her act was part of a larger conspiracy, and she was re-charged with that crime among others. In the States, you can't try someone more than once for the same specific criminal act.

One clear difference from the US version is the lack of guns. In a case where the original episode had a murder victim's distraught mother shoot the suspect outside the courthouse, here she stabbed him. And it was refreshing to hear the prosecutors talking about culprits going to prison and getting a chance at rehabilitation, rather than talking about sentencing people to death. Moreover, there seemed to be a preference toward selecting episodes where the crime was not a homicide or where someone intending a less violent act inadvertently killed someone. The whole thing just seemed less violent overall. I liked that.

What struck me was how many of the L&O episodes selected for adaptation by Chris Chibnall were ones where the DAs/barristers lost the case. Yeah, there were some where they lost one prosecution and then found a way to win by prosecuting a different, associated crime, but there were at least a couple where they out-and-out lost, even though the defendants were actually guilty. At one point I found myself thinking, "Man, these guys aren't very good at their jobs."

But then, given Chibnall's prior work on Torchwood, it's evident he doesn't go in for happy endings a whole lot.
 
I like L&O:UK a lot. I don't get BBC America, though, so I have to wait for the DVDs. :sigh:

What are you talking about? They've been available here since at least February. They were a Target exclusive at first (that's when and where I bought my copy) but went to wide release several months ago. They're available at Best Buy, Amazon, Wal-Mart, etc.

http://www.amazon.com/exec/obidos/ASIN/B003XN69UG/

That's 13 episodes. Seven were aired as "series one" with the remaining six as "series two." They are currently airing "series three" and "four" (really, the second series, but whatever) in the UK.
 
All episodes are adaptations, something to do with contractual obligations. There have been a couple where they couldn't get them to work with British laws and procedures and had to be abandoned.
Someone else will probably have a better idea, but I don't think we have a double jeopardy style law, and as for the wigs I think you only get to wear one when you reach a certain level, so Alesha wouldn't be qualified to wear one. Also they're being phased out and are only used in certain courts for certain cases I believe.
 
Of course the episodes are all adapted to British law and terminology, and though I could pick up on a few things (like how a defense attorney is called a "brief"

A 'Brief' is actually the papers given to a barrister when they are instructed - for various unclear reasons the term became slang for a defence solicitor. That's the 'correct' term though, 'defence solicitor'. For a trial at Crown Court, the solicitor will then instruct a barrister, someone who has the training to argue the case before the court.

I still found myself wishing for some annotations. What's a Trojan unit? What does M.I.U. stand for? Why is Freema the only one exempt from wearing a wig in court?

Trojan Unit is Metropolitan Police ('Met') speak for an armed response unit. MIU I'd need some context for, but in law enforcement terms, probably Major Investigations Unit, although the Met's is actually called the Homicide and Serious Crime Command.

I don't watch the show that closely, but what is Freema's character? Is she a barrister? If so, yes she should be wearing a wig if court dress is being observed. That might be a creative decision to do with making her look nice on TV, though.

There were a lot of courtroom scenes that diverged from proper US courtroom procedure, like barristers giving argument during examination or not objecting to things that would warrant objection, and I'm wondering how much of that was a difference between the court systems' rules and how much was just the sloppiness toward courtroom procedure that's typical of L&O in the states.

Some of it is dramatic licence, certainly. But procedures do differ from the US - objections are rare, the judge's role is to control counsel themselves, without waiting for an 'objection' from the other side. Barristers may present narrative in what they say, but they should still be addressing the witness - a popular one is "I put it to you, sir, that.... <insert factual suggestion>"

Also, do they have double jeopardy rules in England? There was an episode where a suspect was acquitted of a crime and it was subsequently discovered that her act was part of a larger conspiracy, and she was re-charged with that crime among others. In the States, you can't try someone more than once for the same specific criminal act.

Double Jeopardy law is different in England - there used to be a similar law to the US version, but after it was realised it was moronic, it was repealed. If a judge is satisfied "new and compelling" evidence that was not available (not just not used) at the time of the first trial is now available, you can be retried for the same offence.

One clear difference from the US version is the lack of guns. In a case where the original episode had a murder victim's distraught mother shoot the suspect outside the courthouse, here she stabbed him. And it was refreshing to hear the prosecutors talking about culprits going to prison and getting a chance at rehabilitation, rather than talking about sentencing people to death. Moreover, there seemed to be a preference toward selecting episodes where the crime was not a homicide or where someone intending a less violent act inadvertently killed someone. The whole thing just seemed less violent overall. I liked that.

Some nod to realism in there - our murder rate is so low that shows that have one every week tend to find they become a source of amusement rather than dramatic tension.

but there were at least a couple where they out-and-out lost, even though the defendants were actually guilty.

That's reality. It is very difficult to bring a successful criminal prosecution, and the original Law and Order win/loss rate is utterly ridiculous. Not as bad as the Boston Legal one, but still pretty hard to believe.
 
That's what I was wondering - Wiki says she's a 'junior crown prosecutor' which isn't helpful at all. That would normally imply junior barrister but her portrayal on the show as I've seen it fits more with a solicitor than a barrister.
 
A 'Brief' is actually the papers given to a barrister when they are instructed - for various unclear reasons the term became slang for a defence solicitor.

Yes, we have "legal briefs" in the US too, so I surmised that was the origin of the slang term. But these characters are talking in slang all the time, and that's the stuff that's trickiest for a US viewer to figure out -- or that's most interesting to me as an observer of language.

For instance, there was one episode with a reference to two characters "having a Barney" -- which, in context, seemed to mean a fistfight or brawl. I'm wondering about the origin of that. Is it some shortened version of a Cockney rhyming slang term?


Trojan Unit is Metropolitan Police ('Met') speak for an armed response unit.

I figured it was something like that, since such a unit did show up afterward. I guess that's like an American SWAT team (Special Weapons and Tactics), with the difference being that the Trojans are the only armed police.


MIU I'd need some context for, but in law enforcement terms, probably Major Investigations Unit, although the Met's is actually called the Homicide and Serious Crime Command.

My guess would've been Metropolitan Investigations Unit.

I don't watch the show that closely, but what is Freema's character? Is she a barrister? If so, yes she should be wearing a wig if court dress is being observed. That might be a creative decision to do with making her look nice on TV, though.

She's the junior of the two featured Crown Prosecutors, assistant to the main one.


Barristers may present narrative in what they say, but they should still be addressing the witness - a popular one is "I put it to you, sir, that.... <insert factual suggestion>"

Hmm. Over here, it's considered inappropriate for counsel to offer testimony or argument during examination; that's supposed to be limited to opening and closing arguments, and examination is simply supposed to be about getting the facts on the record for the jury's consideration.


Double Jeopardy law is different in England - there used to be a similar law to the US version, but after it was realised it was moronic, it was repealed. If a judge is satisfied "new and compelling" evidence that was not available (not just not used) at the time of the first trial is now available, you can be retried for the same offence.

I don't think there's anything moronic about double jeopardy laws. The intent is to prevent a corrupt state from trying to persecute an innocent person by repeatedly charging them for the same crime, or trying to get around a legitimate acquittal by manufacturing new evidence. Also, it's an incentive for the state to get its case right the first time, because they can't afford to be sloppy.

Some nod to realism in there - our murder rate is so low that shows that have one every week tend to find they become a source of amusement rather than dramatic tension.

I figured as much. You're lucky you have sane gun-control laws over there. I guess that's also a factor in L&O:UK having shorter seasons than the US show.

Although things are getting better over here, at least in New York City. We've now reached the point where the number of homicides per year in Law & Order's NYC (spread across three shows) is greater than the number of homicides per year in the real NYC. (And somehow they all happen in the same three precincts and get investigated by the same few detectives....)


I don't think Alesha is a barrister, I think she's a solicitor advocate.

And what's that when it's at home? How does it differ from a barrister?
 
For instance, there was one episode with a reference to two characters "having a Barney" -- which, in context, seemed to mean a fistfight or brawl. I'm wondering about the origin of that. Is it some shortened version of a Cockney rhyming slang term?

As far as I know (and a quick google bears it out) the origins of that one are obscure - it sounds like Cockney rhyming slang, and there is a tendency to drop the word that actually rhymes to confuse the uninitiated (for example, 'having a butchers' is having a look - butcher's hook = look). It dates to at least the 1800s and there doesn't seem to be a definitive source.

I don't think there's anything moronic about double jeopardy laws. The intent is to prevent a corrupt state from trying to persecute an innocent person by repeatedly charging them for the same crime, or trying to get around a legitimate acquittal by manufacturing new evidence. Also, it's an incentive for the state to get its case right the first time, because they can't afford to be sloppy.

Except that it isn't about 'getting it right the first time' it's about evidence coming to light after a trial has concluded. If compelling evidence of someone's guilt comes to light I don't see that them already having had a trial should prevent a fresh jury seeing it. And I don't see how it prevents the state fabricating stuff either - if you believe they engage in that, they could just as easily have done that for the first trial. The reason I called double jeopardy 'moronic' is it actually allows you, once acquitted, to publicly confess to your crime, do whatever you like, really, and there is nothing the law can do to you - that doesn't strike me as just.

(And somehow they all happen in the same three precincts and get investigated by the same few detectives....)

One departure from realism we will always see on this type of show is the size of the investigating team. Instead of 20 or 30 officers and staff investigating a homicide we have 2 DS's :lol:


I don't think Alesha is a barrister, I think she's a solicitor advocate.

And what's that when it's at home? How does it differ from a barrister?[/QUOTE]

A solicitor is a different job to a barrister, and the split between them was once rigidly enforced. It no longer is, and a solicitor advocate is someone who strays into the traditional realm of the barrister. The Wiki article isn't bad.
 
^Generally solicitors only work in the low courts, county courts and such, and don't work in the high courts prosecute or defending cases, but prepare barristers for the case. Solicitor Advocates can work in the high court.
Wiki link
 
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