Wyvern - Worm AU fanfic

Ah, no it wasn't:

Disintegration of matter leaves energy.

And now Ack has answered with at least a plausible option.
Disintegration means to set into a state where not one particle remains bonded to another. Its *possible* that this could happen a lot less exothermicaly than you are thinking, but yes, energy states are going to be changed...

That said, shards are bs. Atleast this lot didn't leave a nice neat pyramid pour of sand, as depicted by TV and film from the 60's through early 80's
 
[A/N 2: I am not an expert on law courts. Please let me know of any glaring errors.]
I'm not either but Devin Stone, Esq. of the Legal Eagle YouTube channel is and I know enough to have some issues with the court scenes in this story. My main issue is that it doesn't seem able to decide if it's a civil trial or a criminal one.

Turning to look at where Emma, her dad, and their lawyer sat—Mr. Barnes had at least been smart enough to hire a lawyer, just like Dad had

This part makes it sound like a civil case with both sides retaining their own lawyers.

He turned to our lawyer, a Ms. Castle. "Does the counsel for the prosecution have anything else to say about this matter at this time?"

But a civil case wouldn't have counsel for the prosecution; it would have counsel for the plaintiff. Since criminal cases are brought by the government, that side wouldn't be represented by a private attorney but rather someone from the District Attorney's office.

"Life's too short for things like this to waste time on." Alan Barnes looked from Dad to me. "I've sent Richardson to pass on a message to the judge, that I'm changing Emma's plea to guilty.

And here, from chapter 21, we have another "Is it a civil trial or a criminal one?" moment. Pleas (and plea deals) are only relevant to criminal trials. If this is a civil trial, Alan should be agreeing to settle and the rest of the trial would be dickering over the settlement amount.

Here are a couple of videos from Devin Stone and medical youtuber Dr. Mike Varshavski about a lawsuit from the show Gray's Anatomy. Dr. Mike's commentary isn't particularly relevant to the story but you should pay attention to what Mr. Stone has to say about civil vs. criminal cases.


View: https://youtu.be/m4stVVsKVRA

View: https://youtu.be/hA95iw4B2jg
 
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It's probably a criminal trial. Sophia is on probation for thieft and attempted murder and/or manslaughter, and this case would show she has most assuredly been violating the probation. Emma would probably be up for conspiracy, at the very least. And, well, Sophia going full blown villain in an attempt to kill all witnesses (including Miss Militia) would not look good for Emma's defense. It was probably the wakeup call Alan needed to pull his head out of his arse.
 
I'm not either but Devin Stone, Esq. of the Legal Eagle YouTube channel is and I know enough to have some issues with the court scenes in this story. My main issue is that it doesn't seem able to decide if it's a civil trial or a criminal one.



This part makes it sound like a civil case with both sides retaining their own lawyers.



But a civil case wouldn't have counsel for the prosecution; it would have counsel for the plaintiff. Since criminal cases are brought by the government, that side wouldn't be represented by a private attorney but rather someone from the District Attorney's office.



And here, from chapter 21, we have another "Is it a civil trial or a criminal one?" moment. Pleas (and plea deals) are only relevant to criminal trials. If this is a civil trial, Alan should be agreeing to settle and the rest of the trial would be dickering over the settlement amount.

Here are a couple of videos from Devin Stone and medical youtuber Dr. Mike Varshavski about a lawsuit from the show Gray's Anatomy. Dr. Mike's commentary isn't particularly relevant to the story but you should pay attention to what Mr. Stone has to say about civil vs. criminal cases.


View: https://youtu.be/m4stVVsKVRA

View: https://youtu.be/hA95iw4B2jg


It's probably a criminal trial. Sophia is on probation for thieft and attempted murder and/or manslaughter, and this case would show she has most assuredly been violating the probation. Emma would probably be up for conspiracy, at the very least. And, well, Sophia going full blown villain in an attempt to kill all witnesses (including Miss Militia) would not look good for Emma's defense. It was probably the wakeup call Alan needed to pull his head out of his arse.
So what details do I need to change in order to make it over into a criminal trial?
 
So what details do I need to change in order to make it over into a criminal trial?
If you aren't interested in being accurate to court proceedings, but still want it to read as a criminal trial, the only thing you need to do is remove the statement talking about Danny retaining a lawyer. In a criminal trial, seeking redress for any victims isn't the primary goal compared to the issue of if a law has been broken, so the prosecuting attorney would be representing "The State", or the body that makes and enforces laws, before the Judiciary, rather than Taylor (or Danny) specifically.

If you wanted a more in-depth look at a more legally focused story, there's Pound the Table by October Daye that is a legal thriller.
 
My reading is that it started as a civil trial, then became a criminal trial due to the blatant theft Carol and Taylor were able to get proof of. As well as Sophia's going full Villain when her hunting bolts were discovered in the area she'd stashed the decoy recorder. Killing several officers of the law outright, then attempting to murder everyone else including your superior officer tends to make a distinct "I'm a villain" impression. And since Emma was working with Sophia for the theft (and other bullying) this would make her an accessory to murder and attempted murder, I'd think.

Mind you, I'm not a lawyer. So I could be wrong.
 
My reading is that it started as a civil trial, then became a criminal trial due to the blatant theft Carol and Taylor were able to get proof of. As well as Sophia's going full Villain when her hunting bolts were discovered in the area she'd stashed the decoy recorder. Killing several officers of the law outright, then attempting to murder everyone else including your superior officer tends to make a distinct "I'm a villain" impression. And since Emma was working with Sophia for the theft (and other bullying) this would make her an accessory to murder and attempted murder, I'd think.

Mind you, I'm not a lawyer. So I could be wrong.

It's EXTREMELY rare in the US court system for a civil court case to move over to criminal court. I've never found a good explanation as to why, but civil judges are really reluctant to do so, even though I've never found any reasons why they couldn't.

Courts operate on graduated levels of evidence/proof, and the minimum required for a civil verdict is a couple levels higher than what is needed for police to make a criminal arrest - or for a judge to issue an arrest warrant.
 
going to agree with FaerieKnight the initial trial was Taylor Hebert vs Sophia Hess, Madison Clements and Emma Barnes over bullying theft and similar because the locker had to be left out of it to preserve secret identities

It's EXTREMELY rare in the US court system for a civil court case to move over to criminal court. I've never found a good explanation as to why, but civil judges are really reluctant to do so, even though I've never found any reasons why they wouldn't.

Courts operate on graduated levels of evidence/proof, and the minimum required for a civil verdict is a couple levels higher than what is needed for police to make a criminal arrest - or for a judge to issue an arrest warrant.
while it may be rare don't forget that everyone but the trio and Alan have very good reason to get this done and over with especially now that Wyvern has proven to be capable of squishing S-Class Threats
 
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Civil trials, to my knowledge, also don't generally involve being an accessory to theft, assault with a deadly weapon, and murder. Things likely would have escalated before it even got in front of a judge. If Sophia hadn't decided to commit murder to cover her own ass, things would likely have stayed in civil courts.

Speaking of which, why are they called "civil" courts when they rarely involve people being polite.
 
My reading is that it started as a civil trial, then became a criminal trial due to the blatant theft Carol and Taylor were able to get proof of. As well as Sophia's going full Villain when her hunting bolts were discovered in the area she'd stashed the decoy recorder. Killing several officers of the law outright, then attempting to murder everyone else including your superior officer tends to make a distinct "I'm a villain" impression. And since Emma was working with Sophia for the theft (and other bullying) this would make her an accessory to murder and attempted murder, I'd think.

Mind you, I'm not a lawyer. So I could be wrong.
Yeah, that's basically what I'm gonna have it be.
It's EXTREMELY rare in the US court system for a civil court case to move over to criminal court. I've never found a good explanation as to why, but civil judges are really reluctant to do so, even though I've never found any reasons why they couldn't.

Courts operate on graduated levels of evidence/proof, and the minimum required for a civil verdict is a couple levels higher than what is needed for police to make a criminal arrest - or for a judge to issue an arrest warrant.
Courts: "But we don't want to make it into a criminal trial."

PRT: <nudge>

Courts: "But --"

PRT: <NUDGE>

Courts: "Okay, fine."
going to agree with FaerieKnight the initial trial was Taylor Hebert vs Sophia Hess, Madison Clements and Emma Barnes over bullying theft and similar because the locker had to be left out of it to preserve secret identities


while it may be rare don't forget that everyone but the trio and Alan have very good reason to get this done and over with especially now that Wyvern has proven to be capable of squishing S-Class Threats
Oh, Alan and Emma want it over and done as well. Just being in the same room as Taylor is giving them anxiety attacks.

Civil trials, to my knowledge, also don't generally involve being an accessory to theft, assault with a deadly weapon, and murder. Things likely would have escalated before it even got in front of a judge. If Sophia hadn't decided to commit murder to cover her own ass, things would likely have stayed in civil courts.

Speaking of which, why are they called "civil" courts when they rarely involve people being polite.
And that's basically it, yeah.
 
It's EXTREMELY rare in the US court system for a civil court case to move over to criminal court. I've never found a good explanation as to why, but civil judges are really reluctant to do so, even though I've never found any reasons why they couldn't.

Courts operate on graduated levels of evidence/proof, and the minimum required for a civil verdict is a couple levels higher than what is needed for police to make a criminal arrest - or for a judge to issue an arrest warrant.

Other way around, its easier to get judgement in a Civil court than it is in Criminal. The Standard of Evidence is lower.

That's also why you'll hear about civil cases happening after a criminal trial, people who have to pay for their own lawyer can use the work the government lawyers have already done and filed evidence in their civil trial, and since the standard of evidence is lower, an aquittal in a criminal court may still nail a conviction in civil court.
 
I would imagine Sophia's handler/parole officer is also having to answer some very very serious questions in the wake of Sophia's going full villain.
 
So what details do I need to change in order to make it over into a criminal trial?
So to get this right, I looked up a few things about New Hampshire on the assumption that that's the state that Brockton Bay is in. If BB is in New Hampshire, then it's in Rockingham County as the entire NH coastline is in Rockingham County and unless the defendant is up on Federal charges, the trial is taking place in the county seat, a town called Brentwood, which is mostly relevant to the timing of events after the court recesses for the day. If the defendant is up on Federal charges, the trial would take place in Concord, New Hampshire's capital which, again, is mostly relevant for purposes of timing. Based on my experience with jury duty, it's entirely possible that the court could let out for the day as much as two hours before the official end of day. Basically, the sequence was opening arguments and witnesses for the prosecution/plaintiff(s) on day one, witnesses for the defense and closing arguments on day two, and deliberations on day three. None of those took a full day and I assume that most cases would proceed like that. Really complicated cases could easily take longer, but I wouldn't expect many cases to be shorter.

Anyway, the main detail that needs to be changed is that Ms. Castle needs to be from the county attorney's office or Federal equivalent, rather than a private lawyer retained by the Heberts. Instead of being parties to the trial, the Heberts, or at least Taylor, are witnesses. Come to think of it, Carol Dallon might count as a witness too since she's the one who set up the recording and would be required to explain the setup.

Speaking of which, why are they called "civil" courts when they rarely involve people being polite.

Different definition of "civil."
 
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Not to mention the bolts proved Sophia was still going out hunting using lethal ammunition. Can you say accessory to any assaults, murders, and attempted murders that come to light during those unauthorized patrols and when Sophia ditched her patrol partner? Cause I sure can. Actually, since Alan had served both as Sophia's lawyer and a character witness while knowing full well what she's like? Can you say "conflict of interest"? He could be looking to potentially get disbarred He did probably help to hide the bodies at least once, while thinking "we owe her" the entire time.

Having trouble finding the quote right now, but Wildbow has stated outright that Sophia has a body count that the PRT is unaware of. It's known that Alan and Emma went to help Sophia, who was hurt during one of her hunts. The description is that there's several bodies of gang members laying about. And honestly, I doubt Sophia would dare risk showing weakness by letting someone else tend to her injuries if the gang members weren't already dead.
 
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So to get this right, I looked up a few things about New Hampshire on the assumption that that's the state that Brockton Bay is in.

Based on things Wildbow has said, both in-story and in word of god posts, Brockton Bay can only be in Rhode Island or New Hampshire. Vermont is almost a match, but lacks ocean coastline. Rhode Island is too small to have both Providence and Brockton Bay, and Providence exists in the Wormverse. So that leaves only New Hampshire.
 
bureaucratic failures don't typically end with attempted murder charges and mass murder attempts
Even so, Sophia's handler wasn't involved in any of that. Even calling them an accessory would be a huge stretch and would never stick. Most likely, her handler will be fired and blacklisted. Possibly also fined as well. But they havent actually done anything worthy of jail time, let alone maximum security prison.
 
Even so, Sophia's handler wasn't involved in any of that. Even calling them an accessory would be a huge stretch and would never stick. Most likely, her handler will be fired and blacklisted. Possibly also fined as well. But they havent actually done anything worthy of jail time, let alone maximum security prison.
Conspiracy with Blackwell to defraud the government maybe?
 
You don't send someone to maxsec prison for bureaucratic failures, no matter how bad they are.
Sure you can, but you can't call it bureaucratic failures, you call it Treason and Espionage.

(In case it wasn't obvious I'm not being completely serious, just pointing out there IS an exception)
 
So to get this right, I looked up a few things about New Hampshire on the assumption that that's the state that Brockton Bay is in. If BB is in New Hampshire, then it's in Rockingham County as the entire NH coastline is in Rockingham County and unless the defendant is up on Federal charges, the trial is taking place in the county seat, a town called Brentwood, which is mostly relevant to the timing of events after the court recesses for the day. If the defendant is up on Federal charges, the trial would take place in Concord, New Hampshire's capital which, again, is mostly relevant for purposes of timing. Based on my experience with jury duty, it's entirely possible that the court could let out for the day as much as two hours before the official end of day. Basically, the sequence was opening arguments and witnesses for the prosecution/plaintiff(s) on day one, witnesses for the defense and closing arguments on day two, and deliberations on day three. None of those took a full day and I assume that most cases would proceed like that. Really complicated cases could easily take longer, but I wouldn't expect many cases to be shorter.

Anyway, the main detail that needs to be changed is that Ms. Castle needs to be from the county attorney's office or Federal equivalent, rather than a private lawyer retained by the Heberts. Instead of being parties to the trial, the Heberts, or at least Taylor, are witnesses. Come to think of it, Carol Dallon might count as a witness too since she's the one who set up the recording and would be required to explain the setup.



Different definition of "civil."
Okay, thanks. I will be applying that. It won't be a Federal trial, so Brentwood it is.
Based on things Wildbow has said, both in-story and in word of god posts, Brockton Bay can only be in Rhode Island or New Hampshire. Vermont is almost a match, but lacks ocean coastline. Rhode Island is too small to have both Providence and Brockton Bay, and Providence exists in the Wormverse. So that leaves only New Hampshire.
Actually, I'm pretty sure he's been trying to keep the state it's in as vague as possible for as long as possible, so he's not nailed down to any particular location. Mainly because he invented Brockton Bay from the ground up, then found out that it didn't actually fit anywhere.

I had word from someone claiming to be a friend of his that he'd once said that it was in place of where Portsmouth, NH is in the real world (despite wildly different geography) but when asked about this he's actually stated that he doesn't recall saying that.

Given that IIRC Portsmouth is the only section of NH that has ocean access, and (unless he's cheated and totally rewritten the state lines to incorporate the Commonwealth of Earthbetistan) that would indeed seem to be it.

Seriously. Before I even wrote the first page of my superhero series (second one nearly out, woo!) I not only knew where the main hero team would be based, but I had a name for it, and a backstory explaining how it came about.

But thats, by definition, not "bureaucratic failure".

Was there any? I dont remember anything of the sort even being implied.
Not in canon, but there have been fics that have portrayed Blackwell's malignant negligence as partly caused by the fact that she was colluding with Sophia's handler to split the extra money and pocket it, and thus they were actively invested in ensuring that none of Taylor's complaints saw the light of day. (and tbh, this would not clash with canon in the slightest).
 
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Based on things Wildbow has said, both in-story and in word of god posts, Brockton Bay can only be in Rhode Island or New Hampshire. Vermont is almost a match, but lacks ocean coastline. Rhode Island is too small to have both Providence and Brockton Bay, and Providence exists in the Wormverse. So that leaves only New Hampshire.

RI is south of Boston, so it's out as a possibility as he's stated Brockton Bay is North of Boston. That particular WoG is probably the sole one that I give any real credence to because the rest are him applying idiot balls to characters after the fact to make the world even more horrible. And that's forgoing the fact that RI is just tiny as fuck and wouldn't warrant a regional branch in any national organization due to its proximity to both Boston and NYC.
 
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