were sentenced to death, the games like to keep it vague about what the punishments for crimes are. However, there are certain cases in which I think the games could have been improved through a brief discussion of it.
Spoiler: 2-2
Here's how I imagine the discussion going:
Franziska: This picture proves that Maya can channel Mia. Therefore, she could have channeled Mimi and had Mimi do it! Of course, I withdraw this picture from being submitted, but it's already been burned into the judge's mind. Phoenix: So the prosecution claims that Mimi did it while being channeled? Even if that were true, which it isn't, it wouldn't really be Maya's fault! Franziska: What if Maya did the channeling in order to have Mimi kill him? After all, Maya brought a knife in. Phoenix: That's absurd! Judge: If all Maya did was channel a spirit without realizing the danger, the defense could make a strong case that it isn't murder. Franziska: But, it would be criminally negligent to channel a spirit that would obviously hate the other person in the room! Judge: That sounds like involuntary manslaughter, a lesser crime. Maya: Umm... what happens if I'm convicted of manslaughter? Franziska: If the defendant is found guilty of involuntary manslaughter instead of murder, the prosecution recommends a sentence of four years in prison. Also, to prevent further tragedy, a court order that she never channel a spirit for the rest of her life! Maya: ...! Maya: Umm... Nick... If you think I'm guilty of manslaughter, you have my permission to say so... (cry!) Judge: There could also be a case for self-defense, since the doctor had a gun. Judge: What is the defense's plea? Phoenix: The defense's take is that the defendant's actions were: PLAYER CHOICES: -->Involuntary manslaughter -->Justified self-defense -->Completely innocent
After that, Phoenix could say what he says in the game about how he doesn't want Maya to be called a murderer even if she isn't found guilty, and hints at without actually mentioning what happened to Yogi with DL-6.
Later, you could have Morgan encouraging Phoenix to take the manslaughter option, with a certain ulterior motive.
Spoiler: 4-4
Some people are confused about why Kristoph was so dishonest in this case when he was already a convicted murderer and therefore potentially had nothing to lose. One explanation is that he was just a complete scumbag who didn't want Phoenix's name to be cleared in the forged evidence case, and wanted Apollo to lose for turning on him in 4-1. That works, but it would also be interesting if Kristoph actually had something at stake in that case. So, here's how the dialogue might go:
Phoenix: Since you won't answer me about why you have a letter from Drew Misham... how are things going in prison? Kristoph: Boring, but I make do. I expect to be out of here in 20 years. Phoenix: That's not too bad for murder. Kristoph: I told the judge the same thing I plan to tell the parole board: I lost control of myself because Shadi brutalized Olga Orly. Phoenix: Was that the real reason? Kristoph: I'm not dangerous, I'm just a law-abiding man who lost his cool when he saw a woman who had been viciously assaulted by a cheater. Phoenix: That sounds like an excuse. Kristoph: Prosecutor Payne couldn't dispute it, as he could find no other possible motive. Phoenix: Why did you kill him? Kristoph: ... [Five black Psyche-locks appear.] Kristoph: I killed a man named Smith because I am an evil human being. Isn't that enough?
Wouldn't a few conversations like that make the games more interesting?
I wouldn't mind more dialogue about sentences. I actually find it a bit frustrating that the games avoid the issue so much. They make it seem like there's nothing beyond "guilty" or "not guilty". I understand that it works better from a gameplay point of view, but I'd like to know more about judicial system of the AA universe.
Personally, I think only a handful of cases could use this kind of treatment with the dialogue, and you already named most of them. Don't get me wrong, the judicial system in the world of Ace Attorney is a compelling topic that warrants exploration, either by the game writers themselves or by fanfiction writers. But with the Phoenix Wright games, it's more about the journey, not the destination. In most cases (key word is most), you don't need to know anything beyond "Guilty" or "Not Guilty".
But although not much can be done about the current cases, there is the potential in future cases being a lot more grey. Here are a few scenarios I came up with off the top of my head in which sentencing would be relevant, some of which I actually used in my own fanfiction:
~The true villain hypnotizes the defendant into committing the murder.
~The murder was an accident (perhaps a defective magic trick? ).
~The true villain coerced the defendant into committing the murder (admittedly more plausible than the hypnotizing scenario, but I personally think the former is more interesting. ).
But, that's just my thinking. And I have a weird mind. So make of that what you will.
All of those crimes are felonies. There are situations, such as justified self-defense, in which killing someone does not result in a conviction of any of those crimes.
Here are my verdicts based on a limited understanding of real U.S. law:
Little_Thief wrote:
~The true villain hypnotizes the defendant into committing the murder.
Based on the fictional portrayal of hypnosis as a form of complete mind control, not guilty. In the real world in which you can't really be hypnotized unless you want to be, I'm not sure. Probably not guilty of murder, because murder usually requires purposely or knowingly killing the victim. This would require that they are either aware of the nature of what they're doing while killing, or that they're aware at the time they get hypnotized that their conduct is practically certain to result in killing.
I'd say that unless they knew what they were doing or knew that the hypnotizer was almost certainly going to have them kill someone, they're not guilty of murder. However, if they knew that there was a substantial risk of it, they're guilty of reckless involuntary manslaughter. If they knew enough that a reasonable person would have concluded that there was an unjustifiable risk in getting hypnotized and would have been far more careful than they were, they're guilty of negligent involuntary manslaughter.
Little_Thief wrote:
~The murder was an accident (perhaps a defective magic trick? ).
For murder, not guilty, unless they knew that they were killing the person when they acted to kill them or knew that killing the person was a practically certain result. However, under the felony murder rule, it's murder if the accident happened while the defendant was committing a dangerous felony (like arson, prison escape, kidnapping, treason, espionage, sabotage, sexual abuse, child abuse, burglary, robbery, or a plot to murder someone else). For involuntary manslaughter, guilty if the death resulted from negligence or recklessness on the part of the defendant.
Spoiler: 1-5
This is why 1-5 is unrealistic; there's no proof beyond a reasonable doubt that Ema engaged in criminal negligence, much less recklessness or malice, so she may not have been guilty of any crime even if she had killed Neil Marshall.
Little_Thief wrote:
~The true villain coerced the defendant into committing the murder (admittedly more plausible than the hypnotizing scenario, but I personally think the former is more interesting. ).
Probably guilty; in my home state, being under duress is a legally valid defense for every crime except murder.
~The true villain hypnotizes the defendant into committing the murder.
Based on the fictional portrayal of hypnosis as a form of complete mind control, not guilty. In the real world in which you can't really be hypnotized unless you want to be, I'm not sure. Probably not guilty of murder, because murder usually requires purposely or knowingly killing the victim. This would require that they are either aware of the nature of what they're doing while killing, or that they're aware at the time they get hypnotized that their conduct is practically certain to result in killing.
I'd say that unless they knew what they were doing or knew that the hypnotizer was almost certainly going to have them kill someone, they're not guilty of murder. However, if they knew that there was a substantial risk of it, they're guilty of reckless involuntary manslaughter. If they knew enough that a reasonable person would have concluded that there was an unjustifiable risk in getting hypnotized and would have been far more careful than they were, they're guilty of negligent involuntary manslaughter.
Huh. I might need to touch up some of my work when the Objection Archive gets back online.
Cases involving the insanity plea and plea bargaining could also make for interesting sentencing-based dialogue (although those aren't specific scenarios per se, just aspects of the case). I mean, we've dealt with
Spoiler: Cases 1-4, 2-2, 3-2, and AAI Case 5
statute of limitations, justifiable self-defense, double jeopardy, and extraterritorial rights amongst other things,
This is why 1-5 is unrealistic; there's no proof beyond a reasonable doubt that Ema engaged in criminal negligence, much less recklessness or malice, so she may not have been guilty of any crime even if she had killed Neil Marshall.
Spoiler: 1-5
I don't see how that makes the case unrealistic. The point was that Lana didn't want Ema to know that she had killed Neil, regardless of whether it was a crime or not. Or maybe I'm misunderstanding what you mean.
Okay, so here's California's definition of involuntary manslaughter. It's slightly different from (my home state of) Missouri's definition that I gave in the above posts:
Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary... (b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. (c)Vehicular... ... (b) Involuntary manslaughter is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. [1170h appears to say that the sentence will usually be served in a county jail, rather than a state penitentiary.]
"Due caution and circumspection" is what a person has to use to avoid being guilty of involuntary manslaughter under that definition.
For what it's worth, in the hypnosis thing, I was also using the Missouri definitions of whether a person is in a mental state in which they can be guilty of a crime. Here are Missouri and California's definitions.
Jozerick wrote:
Tifforo wrote:
Spoiler: 1-5
This is why 1-5 is unrealistic; there's no proof beyond a reasonable doubt that Ema engaged in criminal negligence, much less recklessness or malice, so she may not have been guilty of any crime even if she had killed Neil Marshall.
Spoiler: 1-5
I don't see how that makes the case unrealistic. The point was that Lana didn't want Ema to know that she had killed Neil, regardless of whether it was a crime or not. Or maybe I'm misunderstanding what you mean.
Spoiler: 1-5
That's a good point. However, the other dumb thing is that Ema arguably DOES commit a crime when she helps Phoenix take stuff from Gant's safe. If I'm reading the California Penal Code correctly, entering an office to commit larceny is second degree burglary, punishable by up to three years in jail under section 1170h. I guess 0-3 years for office burglary is better than 2-4 years for involuntary manslaughter, but it seems like Phoenix put her in almost as much trouble as he and Lana tried to get her out of.
Anyway, I've got a fanfic in my head in which Mia goes up against Manfred in a sentencing phase defending a burglar who was convicted of murder under Hammond's defense. After being found guilty, the defendant says that he was in another room when the other burglar started attacking the victim and that he ran in and urged the other burglar to stop. (This does, by the way, make them both guilty of murder under the laws of almost every state.) She gets to cross-examine the other burglar while fighting against Manfred's efforts to get a death sentence.
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