Bizarre Archives - Legal Cheek https://www.legalcheek.com/bizarre/ Legal news, insider insight and careers advice Wed, 03 Oct 2018 08:52:38 +0000 en-US hourly 1 https://wordpress.org/?v=6.6 https://www.legalcheek.com/wp-content/uploads/2023/07/cropped-legal-cheek-logo-up-and-down-32x32.jpeg Bizarre Archives - Legal Cheek https://www.legalcheek.com/bizarre/ 32 32 Law student dresses up as Spider-Man to accept his degree https://www.legalcheek.com/2018/10/law-student-dresses-up-as-spider-man-to-accept-his-degree/ Wed, 03 Oct 2018 08:51:45 +0000 https://www.legalcheek.com/?p=119982 Grad says superhero stunt was to show that not all aspiring lawyers are ‘square’

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Grad says superhero stunt was to show that not all aspiring lawyers are ‘square’

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Image credit: YouTube

University graduation ceremonies are, more often than not, long, drawn-out tedious affairs. Numerous speeches, itchy gowns, and a seemingly never-ending roll call can put a dampener on the celebratory atmosphere.

Enter 22-year-old law graduate Hiram Yahir Salas Romero. The aspiring lawyer, who studied at The Autonomous University of Ciudad Juarez in northern Mexico, broke with dress code protocol when he decided to attend his ceremony dressed as Spider-Man.

According to reports, the ceremony had a strict dress code that required students to wear dark formal suits, white shirts and shoes. However, Romero concealed his superhero outfit under his suit and made a beeline for toilets to change before taking to the stage.

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So what was the thinking behind the Spider-Man attire? Well, Romero later claimed it was an attempt to challenge the stereotype that law students are “too square”.

His Spidey stunt didn’t go down well with everyone. As he walked onto the stage, the master of ceremonies reminded everyone of the “solemnity” of the event — a move which received “several boos” from those in attendance.

Romero — who posed for selfies with other students as he made his way back to his seat — said:

“None of the authorities said anything. They just looked at me unhappily. I don’t remember if the rector said anything, but I think I got a smile out of him.”

Continuing, the grad said that he took inspiration from the Spider-Man character because he is a “human with problems but also with the desire to help people with his special powers and intellect.”

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Ex-commercial lawyer to put crayfish, dogs and a sheep on trial with launch of special animal court https://www.legalcheek.com/2018/08/ex-commercial-lawyer-to-put-crayfish-dogs-and-a-sheep-on-trial-with-launch-of-special-animal-court/ Thu, 09 Aug 2018 08:06:32 +0000 https://www.legalcheek.com/?p=117382 All in the name of art, obviously

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All in the name of art, obviously

Image credit: Lizzie Coombes

A commercial lawyer turned artist has unveiled ambitious plans to turn Leeds Town Hall into a courtroom for animals.

Jack Tan will transform the building’s Victorian courtroom into the site of a fictional “Department of Animal Justice” as part of a live art installation scheduled to take place later this year.

Court visitors — who can book a seat on a jury or grab a spot in the public gallery — will encounter what appears to be a fully-functional animal justice centre containing signage, pamphlets, posters and, perhaps most importantly, live animal trials. Unable to represent themselves, real barristers will argue claims brought by or against their animal clients before a human judge and jury.

Cases before the court include a sheep bringing legal action against a dog for causing it distress resulting in a miscarriage, an appeal by a crayfish to include “necessity” as a mitigating factor in a murder case, and a dog owner at loggerheads with his pet pooch following an incident of assault. Legal Cheek has been reliably informed that the dogs will be in attendance, the crayfish will observe proceedings from a special tank, and the sheep will appear via video link.

A mock-up of what a sheep appearing in court via video link might look like

Tan, who studied law at the University of Hull before going on to complete an MA in social justice at UCL, is the brains behind the bonkers idea. Following a stint paralegaling, he secured a training contract at Buckinghamshire commercial outfit at B P Collins. Upon completion of his TC, Tan left law to pursue a career as an artist.

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Now teaching art and politics at Goldsmiths, University London, Tan told Legal Cheek:

“I first heard about the medieval animal trials in my undergrad legal history module in law school: a passing and irrelevant curiosity to me at the time. But today we are talking a lot more about animal sentience and ecological personhood as factors in our own survival and sustainability. So remembering the animal trials, I was inspired to make an artwork that imagines a legal world that people can experience where possible future relationships and obligations to our environment are acted out in law.”

Regular readers may already be familiar with Tan’s work.

In 2016, Legal Cheek reported on the launch of Karaoke Court, an arbitration process where litigants agree to resolve their disputes by singing before an audience-jury. Presided over by a real judge, singers could even tweak the lyrics to make the song more personal to the dispute.

Jack Tan’s latest project, Four Legs Good, takes place on Saturday 24 November and is part of the Compass Festival.

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Tattooed lawyer stuns thousands of followers with shower selfies and underwear shots https://www.legalcheek.com/2017/09/tattooed-lawyer-stuns-thousands-of-followers-with-shower-selfies-and-underwear-shots/ Thu, 07 Sep 2017 09:41:16 +0000 https://www.legalcheek.com/?p=98502 Hot faces win cases

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Hot faces win cases

A law firm partner and model has wowed, or perhaps shocked, social media with his far from discreet selfies.

Business and entertainment lawyer Billy Flynn Gadbois (no link to fictional lawyer Billy Flynn of musical Chicago) works at Gadbois, Audet & Associates. The firm provides legal services in Connecticut and Massachusetts, and boasts clients including record label Wu-Tang Management.

But when single dad Gadbois isn’t advising clients, he’s being a “bad motherfucker” on his Instagram and Facebook accounts. Gadbois, a University College London graduate, told Legal Cheek:

I try to be as genuine as possible on my social media, and let it reflect who I am. People are drawn to you when you are authentic, and that transcends the profession. You shouldn’t let the ‘lawyer’ label define you. You are born to be a ‘who’, not a what.

Delighting his 24,000 social media followers with all manner of selfies, the tatted attorney leaves little to the imagination in this underwear shot:

Nothing screams law firm partner more than a sexy shower selfie:

If you’re not feeling sufficiently uncomfortable yet, watch this:

Gadbois — who admits to having law firm T-shirts printed bearing the slogan ‘Hot faces win cases’ — seems used to life in the social media spotlight.

The Boston father went well and truly viral when a post about his relationship with his ex-wife was shared to the ‘Love What Matters’ Facebook page. In it, Gadbois explained why he still treats his ex-wife. “I’m raising two little men,” he said, “the example I set for how I treat their mom is going to significantly shape how they see and treat women.” The post was liked by 740,000 people and shared 218,000 times.

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Judge who spent 17 HOURS reading aloud 138-page judgment involving spooked horse slammed by appeal court https://www.legalcheek.com/2017/04/judge-slammed-for-spending-17-hours-to-read-aloud-138-page-judgment-involving-spooked-horse/ Wed, 19 Apr 2017 13:28:28 +0000 http://www.legalcheek.com/?p=91810 There was 'no explanation' as to why it took so long

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There was ‘no explanation’ as to why it took so long

Enough to send any lawyer to sleep

An Australian judge has been criticised after he spent 17 hours reading aloud his own 138-page judgment in a case involving a spooked horse.

Following a six-day negligence case back in May 2016, district court judge Garry Neilson — who appears to have far too much time on his hands — decided to read out his extraordinarily long judgment word for word.

Neilson (pictured below), having spent almost four days crunching through his lengthy decision, eventually awarded a man almost AUS$340,000 (£200,000) in compensation when he was thrown from a horse which bucked after a car drove past.

Now, almost one year on, New South Wales’ Court of Appeal has overturned Neilson’s decision and slammed him for choosing to read it aloud. In a much shorter ruling delivered earlier this week, Justice Ruth McColl said:

There is no explanation in either the transcript of the hearing, or the primary judge’s reasons, as to why his honour delivered a judgment of such length while sitting in court, rather than, as is customary with a judgment of such length, handing down written reasons.

McColl went on to state that Neilson’s actions had taken up valuable “court resources” and created a significant “costs burden” on the parties involved.

But, the court said, this doesn’t appear to be an isolated case. Neilson — who was referred to Australia’s Judicial Commission in 2014 after suggesting people may no longer see incest as “unnatural” or “taboo” — has delivered oral judgments over three or four days on at least three separate occasions.

Read the judgment (the much shorter one) in full below:

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Dream law student property with its own courtroom goes on sale for £525,000 https://www.legalcheek.com/2017/02/dream-law-student-property-with-its-own-courtroom-goes-on-sale-for-525000/ Wed, 22 Feb 2017 13:32:40 +0000 http://www.legalcheek.com/?p=88838 Renovated magistrates' court comes with prison cells and a conference room too

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Renovated magistrates’ court comes with prison cells and a conference room too

Image via Zoopla

Fancy owning your own court?

For those of you with a spare £525,000, which let’s face it rules out most law students, we have just the thing for you.

Up for grabs in Caernarfon, Wales, is a partly-converted magistrates’ court. Boasting a whopping eight bedrooms as well as a kitchen, lounge and bathrooms, the vast property also contains some not so subtle reminders of its previous occupants.

Image via Zoopla

Take the property’s living room for example (pictured above), where the former court’s original public gallery can still be found. With brass railings and seats still in situ, students — if they are willing to stump up the asking price — can practice their advocacy skills beneath the ornate domed ceilings.

Image via Zoopla

The historic building — which is over 700-years-old and was originally Caernarfon’s town hall — also comes with three cells, a conference room and a prison guard’s office. Ideal for any unruly house guests.

This isn’t the first time a defunct court building has been given a new lease of life.

Back in 2015 Legal Cheek’s Katie King popped down to the site that was once home to Great Marlborough Street Magistrates’ Court. Now a swanky hotel and eatery, the building — which closed its doors as a court in 1990 — contains a host of understated throwbacks to its legal past.

You can view the property listing in full here.

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Thief who stole from local salon ordered by court to cut judge’s hair https://www.legalcheek.com/2017/01/thief-who-stole-from-local-salon-ordered-by-court-to-cut-judges-hair/ Fri, 27 Jan 2017 11:41:46 +0000 http://www.legalcheek.com/?p=87470 But the 16-year-old must complete a hairdressing course first

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But the 16-year-old must complete a hairdressing course first

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A teenage thief who stole cash from his local hairdressing salon has been ordered to cut the hair of the judge who was assigned to hear his case.

Sitting in Granada’s Youth Court, Spanish judge Emilio Calatayud was dealing with an unnamed 16-year-old burglar who pinched €600 (£511) and a hairdryer back in May.

Known for his unique approach to justice, Calatayud — who has over 75,000 likes on his official Facebook page — decided to impose a somewhat unusual punishment.

According to Spanish News Today, Calatayud discovered during court proceedings that the youngster was actually in the process of training to become a hairdresser *irony klaxon*.

The popular judge ruled that the teenager must “apply himself to his studies” and complete his course. But there was just one problem. The aspiring hairdresser revealed to the court that in order to qualify, he must practice on a real head of hair.

Never one to turn down a free trim, Calatayud offered to play the part. Giving the student ample opportunity to showcase his newly-acquired skills, the top judge vowed not to have his hair cut until the student qualifies in June.

Hopefully Judge Emilio Calatayud will love his new look
Hopefully Judge Emilio Calatayud will love his new look

But it wasn’t all haircutting high jinx, as Calatayud’s offer came with a warning. Fail to complete the course and provide the judge with a decent haircut, and the young thief will be handed a substantial community order.

Other colourful judgments handed down by Calatayud include mandatory hospital visits for a teen caught riding his moped without a helmet, and 1,000 hours of IT teaching for a young computer hacker.

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Law student cross-examines classmates about who left paper towel-wrapped ‘poop’ on toilet floor https://www.legalcheek.com/2016/12/law-student-cross-examines-classmates-about-who-left-paper-towel-wrapped-poop-on-toilet-floor/ Wed, 07 Dec 2016 11:47:13 +0000 http://www.legalcheek.com/?p=84959 "Were you raised by wolves?"

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“Were you raised by wolves?”

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A US law student has sent a hilarious email to his fellow classmates, demanding further information regarding a paper towel-wrapped ‘poop’, which was discarded on a bathroom floor.

Using a system called Listserv — which is basically an electronic mailing list — the wannabe lawyer fired off an inquisitive email to his colleagues, keen to find out how, and why, someone opted to conceal their poo in a paper towel, and not use the toilet provided.

The anonymous student, who studies at the University of Michigan Law School, kicks things off by confirming that he (or she) did indeed discover a poo on the toilet floor:

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Quickly entering cross-examination mode, the young legal eagle — eager to know more — fires off a series of questions, in the hope the pooing perpetrator will respond.

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Continuing to speculate, the law student asks whether they purchased a pair of “tongs” to remove the poo from the toilet, or simply grabbed a set from the kitchen.

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First spotted by our friends at Above The Law, the email — which is entitled “How did the LoCo Personal Room Poop Perpetrator do it?” — then turns slightly philosophical, with the law student asking “what kind of world are we living in?”

But perhaps there’s a legitimate reason for all this madness. Continuing, the author suggests that his academic pooping-peer may have been “raised by wolves”, or is even “an actual wolf”.

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Reaching the conclusion of his email, the student — appearing to accept that they will never receive a response — compares the case of the paper towel wrapped poo to “Sherlock’s apparent death in Season 3, episode 1 of TV series Sherlock.”

This isn’t the first time a poo-related incident has made Legal Cheek headlines.

Last year, tax lawyer Marianna Christou sent Twitter into meltdown after revealing that someone had defecated on the floor of Westminster Magistrates Court.

Revealing that the poo had been left outside Courtroom 7, it’s still not clear to this day whether it was a defendant or — God forbid — a lawyer.

You can read the email in full below:

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‘Mannequin Challenge’: London barristers embrace latest social media trend https://www.legalcheek.com/2016/11/mannequin-challenge-london-barristers-embrace-latest-social-media-trend/ Mon, 21 Nov 2016 10:30:05 +0000 http://www.legalcheek.com/?p=84010 You’ve basically got to stand really still

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You’ve basically got to stand really still

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A new social media craze prompting people to imitate mannequins on camera has finally reached the legal profession.

The appropriately named ‘Mannequin Challenge’ — which requires participants to stand very still so they appear frozen — has taken the internet by storm.

With celebrities embracing the viral video movement, it didn’t take long for lawyers to muscle in on the action.

In what Legal Cheek believes is a first for the profession, barristers and clerks at Church Court Chambers took time out of their busy schedule last week to do, well, absolutely nothing.

The short clip was produced by barrister Tomas McGarvey, and was tweeted by the multi-disciplinary set on Friday.

A solid effort and, tomfoolery aside, it’s all for a good cause. Proceeds raised by the challenge go to Children in Need.

Supreme Court judges, it’s over to you.

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Judge ‘sincerely regrets’ wearing Donald Trump baseball cap to court https://www.legalcheek.com/2016/11/judge-sincerely-regrets-wearing-donald-trump-baseball-cap-to-court/ Thu, 17 Nov 2016 13:36:18 +0000 http://www.legalcheek.com/?p=83787 “Make America Great Again”

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“Make America Great Again”

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A judge has apologised for rocking up to court in a baseball cap emblazoned with a Donald Trump slogan.

Bernd Zabel — who is an experienced judge based in Ontario, Canada — hit headlines late last week, after turning up to work wearing a red hat featuring president-elect Trump’s campaign catchphrase “Make America Great Again”.

According to The Globe and Mail, Zabel strolled into court wearing the cap the day after Trump’s election victory, telling presumably shocked onlookers that he was acknowledging last night’s historic events.

Having taken his seat, a source told the newspaper that “he took the hat off and put it on the bench so everybody could look while he continued his court business.”

Claiming that it was all one big joke, Zabel, speaking to a local news station yesterday, said:

I wish to apologise for my misguided attempt to mark a moment in history by humour in the courtroom, following the surprising result in the United States election. I acknowledge that wearing the hat is a breach of the principals of judicial office and was a lapse in judgement that I sincerely regret

With the Brexit Supreme Court challenge less than a month away, our own judges are being placed under increased scrutiny. Yesterday Lady Hale came under fire from pro-leavers for commenting on the Article 50 case during a speech to Malaysian law students.

If you are reading Supreme Court judges, perhaps give the ‘EU till I die’ hats a miss on 5 December.

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The barrister custom of refusing to shake hands is still a thing https://www.legalcheek.com/2016/11/the-barrister-custom-of-refusing-to-shake-hands-is-still-a-thing/ Wed, 16 Nov 2016 13:51:41 +0000 http://www.legalcheek.com/?p=83804 It can make social interactions rather awkward

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It can make social interactions rather awkward

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Members of the bar continue to avoid shaking hands with people in accordance with an ancient tradition that those seeking to enter the profession are often unaware of.

According to one widely accepted explanation, the custom dates back to sword-bearing times, when a handshake was a way for people to show each other they weren’t armed. Being among the highest order of gentlemen, there was no need for barristers to bother with the procedure.

The topic arose on Twitter this morning after Blackstone Chambers barrister Emma Dixon tweeted that she ‘ALWAYS ALWAYS’ shakes hands, citing in support a passage from Helena Kennedy’s 1992 book Eve was Framed, which slams the “silly refusal to shake hands” tradition.

So we put the question out more widely to other barristers, and interestingly the consensus was that avoiding a handshake was still the done thing. Pump Court’s Matthew Scott told us:

I don’t shake hands in court setting. Have occasionally had awkward moments in social settings.

Others who adhere to the tradition include well-known blogger ‘The Secret Barrister’, who said:

I don’t usually shake hands with other barristers, but would never refuse one if proffered. Although will occasionally rely on the custom to dodge handshakes with clients alien to hygiene.

‘Jamie’, a barrister at Nine St John Street in Manchester, seconded that view, explaining, “I don’t refuse but never offer my hand. And, like my wig, it is a tradition I understand and think has merit.”

Liverpool criminal barrister Douglas Lloyd described himself as also a member of the “’don’t offer but don’t refuse’ camp”, as did Leeds-based silk Simon Myerson QC.

But not everyone was of this opinion, with a host of other barristers backing the handshake. Employment law specialist Sean Jones QC said he would “proffer to anyone who looks like their heads won’t explode”, while criminal barrister Felicity Gerry QC said she has “been known to kiss hello”. Devereux’s Jo Maugham QC added:

If they don’t want to shake hands with me, I certainly don’t want to with them.

With such mixed messages prevailing, there are obvious risks.

For anyone in doubt, maybe just better to nod.

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Taking selfies of how you vote in the US election… https://www.legalcheek.com/2016/11/taking-selfies-of-how-you-vote-in-the-us-election/ Tue, 08 Nov 2016 15:51:42 +0000 http://www.legalcheek.com/?p=83399 Can you or can’t you?

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Can you or can’t you?

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Spare a thought for Justin Timberlake. The US singer (pictured top) wanted to encourage his countrymen to vote in today’s presidential election, so he did what all advocates of the democratic process do: he took a selfie inside a voting booth in Memphis, Tennessee, and posted it for the world to see.

Unfortunately, it seems that Timberlake broke the law. Tennessee folk are forbidden “from… taking photographs or videos while inside the polling place”. The crime, if pursued zealously, can result in 30 days in jail — and a $50 fine. (Praise be to District Attorney General Amy Weirich, who confirms that money will not be wasted prosecuting Timberlake.)

But as America goes to the polls, to what extent are voters at large subject to restrictions on publishing photographs of how they’ve voted?

Here, of course, it is illegal to publish exit polls before the polls close because it may influence how other people vote. So if you were to publish a selfie, of, say, a ballot paper with a X clearly marked against Nigel Farage’s name (just saying), before the polls had closed, you would break the law.

In the US, each state has its own laws. Some are clearer than others.

Clear

Alabama: Voters may not take photos or videos inside the polling place.

California: The Elections Code says: “After the ballot is marked, a voter shall not show it to any person in such a way as to reveal its contents.” Put the camera away.

Iowa: The use of cameras, cellular telephones, pagers, or other electronic communications devices in the voting booth is banned. Don’t do it.

Louisiana: Good news, selfie-lovers. A video camera may be used at the polling place, so long as it does not interfere with the voting process.

Michigan: Ditto.

Missouri: Voters are prohibited from allowing a ballot to be seen by any person with the intent of letting it be known how anyone is about to vote or has voted.

Rhode Island: Time to be snap-happy! There are no restrictions on photography.

Not So Clear

Delaware: No known laws apply. Unknown ones are not thought to exist. Snap away.

New Jersey: There is a ban on “expressive activity” within 100 feet of the polling place. But what about someone inside a polling booth, taking a selfie?

North Carolina: No person shall photograph, videotape, or otherwise record the image of any voter within the voting enclosure, except with the permission of both the voter and the chief judge of the precinct. Where is that judge when you need him?

Wisconsin: Be warned: the Wisconsin Government Accountability Board Emergency Rule bans the use of cameras by observers. If you’re taking a selfie, you may well be observing yourself.

Clear As Mud

Hawaii: The right to vote is forfeited if you “willfully exhibit a voted ballot or unvoted ballot” from a primary election. However, the law is silent on whether it is acceptable to share an image of a completed ballot in a general election.

Indiana: Here there is a statute governing media access to polls, but it is unclear whether those laws apply to non-media wishing to photograph and share a ballot.

Louisiana: Good news, selfie-lovers. A video camera may be used at the polling place, but then again it mustn’t interfere with the voting process. So can you or can’t you? We don’t know.

North Dakota: No one knows.

South Dakota: No one knows there either.

Utah: A voter cannot display of his/her ballot “with an intent to reveal how he/she is about to vote.” But does that mean you can reveal how you have voted?

One last thought. What if you’re in a state that says you can’t publish a selfie of how you voted, but hop across the border into one where you can? We can only hope that, among the many things he will tackle if elected, Donald Trump will bring clarity to this most fraught of questions.

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Wannabe lawyer turns law school rejection letters into modern art https://www.legalcheek.com/2016/10/wannabe-lawyer-turns-law-school-rejection-letters-into-modern-art/ Thu, 27 Oct 2016 14:58:54 +0000 http://www.legalcheek.com/?p=82761 "In light of this decision..."

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“In light of this decision…”

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An aspiring lawyer has taken the somewhat unusual step of turning his law school rejection letters into a weird piece of modern art.

Appearing on image sharing site Imgur earlier this month, user “aleagrh” has produced what at first glance looks like the world’s worst ransom note by cutting out key sections from various law school rejection letters and sticking them around a turquoise coloured square.

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All the classic knock-back phrases feature, including “In light of this decision”, “I am sorry”, and rather brutally, “we failed to identify your potential”. One snippet even reveals the law school hopeful turned budding artist — who Legal Cheek believes is from the United States — is called “Mr Aguirre”.

Commenting on Aguirre’s handy work, one Imgur user said:

Well I see what your problem is… you can’t construct a coherent sentence, even with other people’s help.

We hope Aguirre has had more luck with law school since posting his masterpiece, as Legal Cheek fears he has absolutely no chance of career as an artist.

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US Supreme Court judges convene to discuss boring bank fraud statute — discuss Kim Kardashian robbery instead https://www.legalcheek.com/2016/10/us-supreme-court-judges-convene-to-discuss-boring-bank-fraud-statute-discuss-kim-kardashian-robbery-instead/ Wed, 05 Oct 2016 11:53:13 +0000 http://www.legalcheek.com/?p=81436 It's all anyone wants to talk about

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It’s all anyone wants to talk about

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A justice sitting on the US Supreme Court (SCOTUS) bench has used Kim Kardashian to explore the legal intricacies of a boring bank fraud statute.

It’s not a sentence we thought we’d ever read either but, while hearing a case yesterday, associate justice Stephen Breyer (pictured top right for those not down with pop culture) couldn’t help but turn his attention to one of the biggest news stories of the week: the Kim Kardashian jewellery heist.

American/Armenian socialite Kardashian was reportedly the victim of an armed robbery in Paris this week. Though the reality star has remained silent on social media since the alleged attack, it is understood she was tied up and held at gunpoint by five masked men who took millions of pounds worth of jewellery from her. No one has been arrested.

The story is all anyone wants to talk about at the moment. Some spectators have reprimanded Kardashian for flaunting her flashy lifestyle on Instagram and other social networks, while others have questioned whether the alleged attack was an inside job or even a publicity stunt.

Even the legal profession is interested — one riled QC described the model, who is married to Kanye West, as a “waste of space”.

And then there’s Breyer. He’s been in court this week hearing the case of Shaw, which is about the following issue:

Whether, in the bank-fraud statute, 18 U.S.C. § 1344, subsection (1)’s “scheme to defraud a financial institution” requires proof of a specific intent not only to deceive, but also to cheat, a bank, as nine circuits have held, and as petitioner argued here.

Sounds thrilling, but not thrilling enough to distract the bench from the Kardashian robbery saga. It is rumoured that watching Keeping Up with the Kardashians while in court is sort of frowned upon in judicial circles, so Breyer decided to throw in a couple of Kim K references into proceedings instead.

Spicing up yesterday’s oral arguments about the effect of insurance on the law of theft, Breyer asked:

Even Kardashian’s thief, if there is one, believes that all that jewellery is insured. Indeed over insured. So it’s not theft?

Continuing his back and forth with Koren Bell, deputy federal public defender, he later said:

I’m asking you, if the local person comes to the door and says, dear Miss Kardashian, I am your local jewellery cleaner. Please give me your jewelry. She does. And that’s not fraud.

It was reported just last month that Kardashian has been considering following in the footsteps of her father, Robert, and going to law school. Legal Cheek speculates whether this week’s events will impact on her decision.

Read the transcript in full below:

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Lawyer claims £2,375 in damages after being seated next to obese man during long-haul flight https://www.legalcheek.com/2016/09/lawyer-claims-2375-in-damages-after-being-seated-next-to-obese-man-during-long-haul-flight/ Fri, 23 Sep 2016 11:25:11 +0000 http://www.legalcheek.com/?p=80669 Nine-hour Emirates flight ruined due to "spillover"

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Nine-hour Emirates flight ruined due to “spillover”

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An Italian lawyer is taking airline giant Emirates to court after his long-haul flight was “ruined” by an obese passenger seated next to him.

According to Italian media reports, Giorgio Destro (pictured top left) — who was travelling from Cape Town to Dubai — was forced to endure “spillover” from his slightly larger fellow traveller (top right) during his nine-hour journey.

Destro, who is apparently an Emirates “gold member” is claiming €2,759 (£2,375) in total — a ticket refund of €759 (£653) and a further €2,000 (£1,721) in damages.

In an amusing twist, Destro — who claims the airline wouldn’t let him switch seats — took a selfie during the flight to highlight his dissatisfaction.

fuming

The case is scheduled for 20 October in Padua, northern Italy.

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Kim Kardashian reveals law school hopes https://www.legalcheek.com/2016/09/kim-kardashian-reveals-law-school-hopes/ Thu, 22 Sep 2016 17:12:28 +0000 http://www.legalcheek.com/?p=80626 News comes after reports she asked Amal Clooney for a mini-pupillage at Doughty Street Chambers

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News comes after reports she asked Amal Clooney for mini-pupillage at Doughty Street Chambers

kimklead

Kim Kardashian West has gone public with her dream to become a lawyer.

The reality TV star, who last year reportedly asked Amal Clooney to help line her up work experience, tells the new issue of Wonderland Magazine:

If things slow down and I had time, I really want to go to law school — just something I can do in my older age.

The move would see Kardashian follow in the footsteps of her attorney dad, Robert Kardashian, who famously represented OJ Simpson.

But there is a hitch. Kardashian has never been to university. And, unlike in the UK where non-graduates can become lawyers via the legal apprentice route, in the US a degree is required before you can enter law school.

That would leave qualification on these shores as Kardashian’s quickest route to her lawyer dream. This may explain why she was apparently so keen for fellow celeb Amal Clooney to help her bag a mini-pupillage at London human rights set Doughty Street.

At the time, it was claimed that Clooney had been “dodging” Kardashian’s requests. And a year on, with Doughty Street’s mini-pupillage system still closed, it would seem that Kardashian would have to look elsewhere to get that first taste of life in the legal profession.

Applications for vac schemes at City law firms open on 1 October, Kim.

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Donald Trump’s lawyer thinks God has chosen his client as the next president because he saw a cloud that looks a bit like him https://www.legalcheek.com/2016/09/donald-trumps-lawyer-thinks-god-has-chosen-his-client-as-the-next-president-because-he-saw-a-cloud-that-looks-a-bit-like-him/ Mon, 05 Sep 2016 11:26:09 +0000 http://www.legalcheek.com/?p=79473 Um...

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Um…

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Donald Trump’s outspoken lawyer Michael Cohen made a weird tweet this weekend.

In it, the American University graduate said “the Lord has chosen” Trump as the next president of the United States.

His evidence? He saw a cloud that looks a bit like him.

Might as well call off the election then.

The bizarre tweet comes just a few weeks after a CNN interview with Cohen went viral for all the wrong reasons (i.e. because it was really awkward).

As far as funny, political videos go, we still don’t think Cohen’s efforts quite beat new Justice Secretary Liz Truss’s rant about cheese. Nice try though Cohen.

Sticking with all things Trump, it emerged last month that his wife, Melania, has instructed West End media outfit Harbottle & Lewis in legal proceedings against the Daily Mail newspaper.

In an article published in July, the newspaper not only questioned Mrs Trump’s immigration status, but reported on rumours that she worked as an escort in the 1990s.

Despite a swift retraction by the Daily Mail, Trump appears to have pushed on with legal proceedings, reportedly filling a $150 million (£112 million) lawsuit with a US court late last week.

There’s never a dull moment in the world of Trump.

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Lawyer who stole brother’s identity to get into law school disbarred https://www.legalcheek.com/2016/07/lawyer-who-stole-brothers-identity-to-get-into-law-school-disbarred/ Fri, 15 Jul 2016 14:14:00 +0000 http://www.legalcheek.com/?p=77110 The Philippines' answer to Suits

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The Philippines’ answer to Suits

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A lawyer who stole his younger brother’s identity in order to get into law school has been disbarred by a Philippines’ court this week.

Having finished secondary school, Richard A. Caronan and his brother, Patrick, embarked on very different routes into adulthood. Patrick went on to do a degree in business administration before landing a managerial role at a 7-11 convenience store.

Meanwhile his elder sibling Richard — who originally enrolled at university — ended up switching to the Philippine Military Academy, where he was discharged after just a year.

Having helped with the family-owned car rental business for a number of years, it would appear Richard fancied a career in law.

According to local news website Rappler, Richard used his brother Patrick’s identity to enrol at a law school in 1999. The motivation for using Patrick’s academic records and identity appears to be that Richard did not have an undergraduate degree, which he needed to bag a place at law school.

To his credit, Richard — now posing as attorney Patrick A. Caronan — completed his legal qualifications. Having discovered his brother was using his name to practise law some five year later, Patrick, in what is a clear testament to brotherly love, was initially okay with it.

Unfortunately problems occurred when attorney Patrick A. Caronan (Richard) was accused of “gun-running” and being in possession of illegal “explosives.” According to the report, Patrick (the real one) was called into 7-11 headquarters to speak to the Philippines’ National Bureau of Investigation. At this point Patrick fessed up and explained to officers that his brother had pinched his identity.

With Richard arrested, Patrick was forced to quit his job fearing for his safety and having become the target of office gossip. Clearly annoyed at his brother, he filed a formal complaint to bar regulators in 2013.

In a judgment issued earlier this week, the Supreme Court said Richard had made a:

[M]ockery of the legal profession by pretending to have the necessary qualifications to be a lawyer. He also tarnished the image of lawyers with his alleged unscrupulous activities, which resulted in the filing of several criminal cases against him.

Disbarring Richard, the court — in a disciplinary move that would go down a storm at the bar of England and Wales — ordered that photographs of him be circulated around courts “nationwide”, warning of his false name and identity. He may also face civil and criminal charges.

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Law student who chopped off love rival lawyer’s PENIS with garden shears jailed https://www.legalcheek.com/2016/07/law-student-who-chopped-off-love-rival-lawyers-penis-with-garden-shears-jailed/ Thu, 07 Jul 2016 09:18:47 +0000 http://www.legalcheek.com/?p=76582 Shear agony

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Shear agony

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A Tokyo law student has been jailed for four and half years after he chopped off the penis of a lawyer love rival using a pair of garden shears.

Ikki Kotsugai (pictured above), 25, from Minato, Tokyo, carried out the vicious attack on the unnamed lawyer back in August 2015.

According to the Tokyo Reporter, Kotsugai’s wife had told him that she was being forced to have sex with her boss, when in fact the affair was consensual.

Visibly upset by this revelation, the former boxer — who was studying at Keio University Law School — confronted the lawyer at his office last summer.

Having exchanged a few pleasantries, things appear to have escalated, and the aspiring lawyer proceeded to punch his wife’s boss several times, causing him to fall to the floor.

Shockingly, things then took a gruesome turn as Kotsugai unzipped the lawyer’s trousers and using a pair garden shears began cutting away at the base of his semi-conscious love rival’s penis. All the while, his wife watched on.

According to popular local news site Japan Crush, having severed the 42 year-old victim’s appendage, the law student then disposed of it down one of the office’s communal toilets.

Japan Crush
Japan Crush

Sentencing Kotsugai to four and a half years in jail, judge Kazunori Karei branded the attack as “extremely dangerous and vicious”. Astonishingly, despite reports stating the lawyer has now “lost his reproductive function”, he has since apologised Kotsugai for the affair.

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What is contempt of court? Here’s a graphic example https://www.legalcheek.com/2016/06/what-is-contempt-of-court-heres-a-graphic-example/ Mon, 27 Jun 2016 12:36:58 +0000 http://www.legalcheek.com/?p=76150 A US courtroom is treated to surreal dialogue prompted by an abusive defendant -- and then the judge gets involved

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A US courtroom is treated to surreal dialogue prompted by an abusive defendant

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The wonderfully bizarre world of the American justice system has come up trumps again, treating us this week to one of the weirdest court reports we’ve ever read, ever.

Let’s set the scene.

We’re in a courtroom in Georgia, presided over by Judge Bryant Durham. In court is 31-year-old alleged killer Denver Allen, who has been accused of beating a fellow Floyd County Jail inmate to death in 2015.

A sombre occasion no doubt, so imagine our surprise when this happened:

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And then this:

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Followed by this:

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Yes, really.

Allen is now facing contempt of court charges for his expletive-laden outburst.

If you read the full transcript here, it’s easy to see why.

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10 lawyers with weird and wonderful hobbies https://www.legalcheek.com/2016/06/10-lawyers-with-weird-and-wonderful-hobbies/ Wed, 22 Jun 2016 08:10:15 +0000 http://www.legalcheek.com/?p=75609 What on earth is mycology?

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What on earth is mycology?

Tats

Horror stories about law firm working hours are all the rage, so it’s easy to assume that once you start your training contract or pupillage you’ll barely have enough time to sleep, let alone keep up your extra-curricula hobbies.

But fear not. Legal Cheek has tracked down 10 lawyers, all of whom have managed to keep on top of their weird and wonderful hobbies while leading successful legal careers.

1. Marcus Rutherford

Partner at Enyo Law
Hobby: mycology

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Mycology, unbeknownst to most, is the scientific study of fungi. While Legal Cheek imagines looking at mushrooms for an extended period of time would send most people to sleep, Marcus Rutherford has long been a fan. Though we’re sure he’s spent a lot of time doing important ‘partner stuff’ at three different law firms — including commercial giant Reed Smith — Rutherford still enjoys searching for mushrooms at the weekend. Interestingly, he’s also an illustrator, and enjoys drawing the mushrooms he finds.

2. Olivia Potts

Junior barrister at 5 Paper Buildings
Hobby: baking

cake

Criminal law specialist Olivia Potts rightly describes herself as a “barrister by day, baker by night”. Having studied at both Cambridge and City University, Potts has forged a career in the hard-hitting world of criminal advocacy. In her spare time, however, Potts is crazy about baking, and documents her creations and recipes on her personal blog. In the future, maybe Potts could take a leaf out of freelance solicitor Kay Ma’s book — she juggles a successful cake-making business with her demanding legal career.

3. Bill Braithwaite QC

Barrister at Exchange Chambers
Hobby: motor racing

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Brain damage guru Bill Braithwaite QC is a self-confessed “wheel freak”. The Liverpool University graduate, whose specialises in personal injury law, has been big into motor racing since he turned 48. He’s a member of the Historic Sports Car Club and travels the country racing cars. Though he admits he doesn’t have too impressive a track record when it comes to winning races, he thinks there’s “no better feeling than sitting on the grid on the start line, waiting for the lights to go out and signal that the race is on”.

4. Paul Beckett

Senior counsel at MannBenham Advocates
Hobby: tattoo art

Tats

Professor Green once asked his devoted Twitter following whether you can be a lawyer if you have tattoos, and Paul Beckett is living proof that you can. The Oxford grad is, according to 2012 Legal Cheek, “the most tattooed lawyer in the British Isles”, and is covered pretty much head to toe in ink. His Japanese style inkings — which include a dragon and a samurai — aren’t the only thing that makes Beckett stand out from the rest of the legal crowd. He’s also a qualified masseur, an art collector, an occasional film extra, and a former boxer.

5. Martin Porter QC

Barrister at 2 Temple Gardens
Hobby: cycling

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Though it’s hardly a weird hobby, Legal Cheek thought Martin Porter QC deserved a mention on our list because of how cycling-mad the Cambridge educated silk is. For most, cycling is just a mode of transport, but for the personal injury specialist, it’s a way of life. Not only does he have a blog dedicated to cycling, he also hit the headlines earlier this year when he brought the UK’s first ever private prosecution for dangerous driving after Porter and his trusty bike had a bit of a run-in with a speeding car. Though the defendant was acquitted, you’ve got to admire Porter’s resilience.

6. Alex Marzec

Barrister at 5RB
Hobby: inline skating

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Who says you can’t be well-respected libel barrister and a keen inline skater? Alex Marzec is doing just that. Some onlookers think it’s an immature hobby, but Marzec isn’t bothered. The University of Warwick graduate is part of a skating community in London, and though she doesn’t claim to be a pro when it comes to tricky skills and moves, she does say:

When you get it right, the sensation is like flying.

7. Chris Walters

Senior pro bono counsel at Reed Smith
Hobby: bird-watching

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It’s a hobby that appeals to more than a few of us — and Chris Walters is absolutely potty about bird-watching. His interest was sparked when a biology teacher took Walters and his classmates on a school trip, though he admits he didn’t meet any like-minded people at university and his hobby took a bit of a dip during that time. Come 1978, Walters — who is firm-wide senior pro bono counsel at Reed Smith — was back bird-watching, and has been devoted to his passion ever since.

8. Alex Wade

Freelance media lawyer
Hobby: surfing

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Alex Wade is a former Carter-Ruck lawyer, who spends most of his time writing for and lawyering for national newspapers. But that’s not all he’s been up to in his lively career. Wade travels extensively, is a keen poker player, and absolutely loves to skateboard and surf. He’s written two whole books about what the Hawaiians call “the sport of Kings”, and blogs regularly about surfing — and other things — on his blog Surf Nation.

9. Simon Allen

Head of personal injury at Russell Jones & Walker
Hobby: photography

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Lawyers, stereotypically, are rubbish at two things: maths, and art. But not Simon Allen, who has been head of personal injury at Russell Jones & Walker for 27 years. At work, he specialises in mesothelioma claims, accidents at work, post-traumatic stress cases and amputation claims, but in his spare time he’s a skilled photographer. He particularly enjoys photographing New York, though as you’ll see from his website, he’s also been snapping away in Berlin, Rome and Tokyo, to name a few.

10. James Greig

Partner at Blake Morgan
Hobby: Bible tours

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James Greig: University of Cambridge educated, partner at Blake Morgan, and keen conductor of Bible-themed tours. The deeply religious property lawyer has been running tours for about 20 years, in famous locations across the capital like the British Museum and the British Library, but also in Oxford. And they’ve proved very popular: Greig explained:

There’s a great deal of interest in the connections between archaeology and manuscripts and what the Bible says.

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7 criminal laws and practices we’re really glad to see the back of https://www.legalcheek.com/2016/06/7-criminal-laws-and-practices-were-really-glad-to-see-the-back-of/ Mon, 13 Jun 2016 08:03:49 +0000 http://www.legalcheek.com/?p=74931 Read this and never moan about the criminal justice system again

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Read this and never moan about the criminal justice system again

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It’s easy to bash our criminal justice system.

It’s slow, underfunded and its sentencing guidelines are questionable — but a brief glimpse of its rather miserable history will make you feel very grateful it is how it is now and not how it was then.

The living and breathing nature of the law means our legal landscape is always changing, sometimes very much for the better.

Legal Cheek takes a look back at seven of the craziest criminal laws and practices, which are now, thankfully, confined to the history books.

1. Modes of proof

trialbybattle

Nowadays, it’s any of a judge, jury or magistrates who determine the guilt or innocence of the accused. But things didn’t used to be so simple, and there were all sorts of wacky ways of ‘testing’ someone’s guilt. One method, abolished by statute in the early 19th century, was trial by battle, where witness and accused would literally fight it out (if the accused won, the witness could be punished for bringing a false claim). There was also trial by ordeal, for example, throwing the accused in water and seeing if he or she floated. Sounds irrational, but in a society characterised by dedication to and belief in God, these methods were judged as sound.

2. Capital punishment

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It seems alien to young lawyers, but death — plus property forfeiture to the monarch — was seen as an appropriate punishment for defendants convicted of very serious crimes, known as felonies or capital offences. Hanging was the most common method of all, though there were some exceptions: nobles were beheaded; heretics and women who killed their husbands were burnt; and there were additional mutilations for treason. Despite popular perception, witches were also hanged, not burnt. Efficiency wasn’t a consideration when it came to the death penalty: people died slowly and publically.

3. Rape

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Even today, it’s very difficult to secure a rape conviction. But it was even harder in the past, especially because the onus was on the victim to make his or her case. Immediate action had to be taken to signal to the authorities that the offence had occurred. The victim had to inform the neighbouring townships, the king’s serjeant, the coroner, and the sheriff, and had to show bloody clothing and torn garments. Any indication of carelessness on the part of the victim could destroy a case: in 1879, a young man accused of raping a woman was acquitted because she had agreed to let him walk her home. But England wasn’t actually particularly harsh in its treatment of rape victims; in some civil law jurisdictions, there was a requirement of two witnesses before the victim could even make a complaint.

4. Lawyers

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Defendants had it tough throughout English legal history. There was no presumption of innocence until the 1930s. They weren’t allowed to call witnesses, and weren’t allowed to have a copy of the indictment with the precise charges against him or her. There was also no defence counsel until the early 18th century. Judges were keen to get to the truth of the matter, and there were fears that defence counsel would obstruct this, plus land law cases were better paid so lawyers weren’t too keen on criminal trials either.

5. Peine forte et dure

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Back in the 13th century when trial by jury was adopted, it was voluntary: one had to choose it. Prisoners who pleaded not guilty to a capital charge would be asked how they wished to be tried (the correct answer being by jury). If he or she refused, they’d be sent to prison for want of a better solution. While there, some prisoners were subject to ‘peine forte et dure’. Enacted by the 1275 statute of Westminster, this grim practice involved laying heavy stones on the stubborn prisoner to encourage them to accept a jury trial. Shockingly, this practice continued for 500 years, and led to the death of many prisoners who chose to accept this punishment and die unconvicted (saving their property from being forfeited to the monarch).

6. Being an incorrigible rogue

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Good news for incorrigible rogues everywhere came thanks to the Protection of Freedoms Act 2012. Thankfully, it repealed the offence of ‘Being an incorrigible rogue’ which, until then, had existed under the Vagrancy Act 1824. How many people were actually prosecuted for being this roguish? We have no idea but praise be to the statute makers of 2012. It’s good to know people can go about their business, decently or as an incorrigible rogue, without fear of the law.

7. Witchcraft

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Witchcraft became an offence during the Tudor period, and has got to be up there as one of the most dubious crimes in the entirety of English legal history. Though the offence was actually gender neutral, it disproportionately affected women, mainly because people believed witches coupled with the devil. Trying someone for witchcraft was — from a law of evidence perspective — close to impossible, so a number of ‘witch tests’ were invented to accommodate the offence. Defendants were searched for ‘witch marks’, allegedly imprinted on their bodies by the devil. In fact, these were just moles, warts, and other skin complaints. It was also believed that if the accused was scratched to draw blood, and her bewitched victim was temporarily relieved, then she was guilty. Trial by ordeal, particularly the swimming test, was also revived in the period of witch-mania.

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