Apparently within the US, the SWIFT code is something for outgoing wire transfers. A friend of mine who works for the bank in question seems to have gotten it all figured out, and I am assured that with the data I have in hand it will work, so long as the bank here is willing to actually try it. Which they have indicated they are. So I will try again tomorrow.
In the meantime, I seek the Knowledge of Livejournal for some book research questions.
– new yorker question: is the major fountain in central park lit at night (you know, the one that’s featured in all the movies)? what kind of stone is laid around the fountain, or is it concrete? where’s it located in the park?
– lawyer question: what’s it called when a lawyer is doing the initial preparation for a case hearing, to present to the court whether or not it’s worth holding a trial over? is there a specific word for that?
– anybody know if a private welcoming reception for a U.N. peace ambassador would be held at the actual U.N. or off-site at a schmoozy hotel or some such?
– lawyer question: if somebody pleads guilty to a crime, does that automatically remove any right to an appeal?
– lawyer question: if a defendent is accused of rape, is it called rape or is it sexual assault to an Nth degree? looking on the net seemed to suggest it’s called rape, but if i can get that clarified that’d be great.
– what’s a really nice high-quality pen brand?
– lawyer question: in a courtroom, the tables where the lawyers sit are the benches, right? prosecution’s bench, defence’s bench?
– when an electric light burns out, there’s a little sharp acrid scent that goes with it. what makes that smell, just the heated metal or is it ozone or something?
– anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
– …anybody have a reasonable grasp on London’s physical and social structure in 1666? I need a location for a not-wealthy-but-not-destitute person to come from, someone whose information might be in parish records with a chance of them not having been destroyed by the fire.
– what’s a really nice high-quality pen brand?
Montblanc and Waterman are both very high-quality pens.
http://www.montblanc.com/ <-- Montblanc http://www.waterman.com/sanford/consumer/waterman/index.jhtml <-- Waterman
It shall be done!
I *thought* Waterman was one of the pen types people talked about, but apparently it was easier to ask LJ than Google. Thank you! :)
No problem!
And yes, I think that acrid smell from lightbulbs is ozone.
You rule. Thank you!
I’m almost positive it is, but it’d be really embarrassing to not ask, get it wrong, and have that haunt me forever. :)
lawyer question: if a defendent is accused of rape, is it called rape or is it sexual assault to an Nth degree? looking on the net seemed to suggest it’s called rape, but if i can get that clarified that’d be great.
Innocent until proven guilty. They still call it rape, but the crime is ‘alleged’. ‘Alleged rape/rapist/victim’ until proven.
anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
A nice cheap table I’m sure is made of either particle board or plywood.
– lawyer question: what’s it called when a lawyer is doing the initial preparation for a case hearing, to present to the court whether or not it’s worth holding a trial over? is there a specific word for that?
I believe this is called an examination before trial (EBT)
It’s particle board. I’ve seen one with the corner knocked off enough to see what’s underneath. There are a few that are plywood, but the standard kind that you see everywhere is particle board.
the tables in my cafeteria were made of metal tubes (probably aluminum) for the underlying frame, to which was bolted plastic (probably PVC) for the surface and seats. Awful round discs the seats were, lousy to sit in, no back support… caused a lot of slouching.
– anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
AS I mentioned elsewhere:
Per my friend, who works for a company that sells school fixtures like bleachers, cafeteria tables, desks, lockers, etc:
Laminate over pressed wood, usually with a rubber-type edging.
Particle board, not plywood, ply is too expensive.
Link to school outfitters’ cafeteria table here.
IANAL (but I know several, one of whom is running for judge), but I believe the bench is where the judge sits, the prosecution and defense are at tables.
For the 1666 question, if you want to disguise your recreational reading as research, read “Quicksilver” by Neal Stephenson. (If in a hurry, ignore the bits about Jack Shaftoe and follow Daniel Waterhouse’s youth, until after the Great Fire bit.)
Pens: try Pelikan?
For the UN reception thing, you’ll probably do best asking.
is the major fountain in central park lit at night (you know, the one that’s featured in all the movies)? what kind of stone is laid around the fountain, or is it concrete? where’s it located in the park?
Bethesda Fountain is located on the lower level of Bethesda Terrace, which is built of sandstone. It’s approximately smack dab in the emotional middle of Central Park, which is centered physically in the lowest third of the park. http://www.centralpark2000.com/products/map/map_home.html
http://www.centralpark2000.com/products/map/map_67e.htm
MontBlanc is probably the most famous of the fancy fountain pens. If you want to impress an aficionado, you’d want Pelikan or Omas. (Watermans are crap.) The Fountain Pen Hospital is an excellent source.
#2: the question doesn’t really make sense – if you’re trying to get the court to decide something in criminal law, it’s a preliminary hearing. In a civil matter, you can bring a motion before the court for judgement if you don’t think the plaintiff has a case. Otherwise, there is no such thing. Unless you’re just talking about initial preparation, not to do with court. That’s just initial preparation.
#4: no – it only takes away the right to appeal guilt or innocence. You can still plead the sentence.
#5: it’s sexual assault, in Canada at least.
#7: dad the lawyer is thrown a turn by this question. He says he doesn’t know. This makes me think it doesn’t really matter what you call them.
#9: mine were pressboard. I imagine they vary.
– what’s a really nice high-quality pen brand?
Parker. At least I know they look like they’re very high-quality, and they give a life long guarantee (difficult word) on them.
http://www.parkerpen.com/en/
Oh! I forgot to say — it’s not illuminated at night.
Well people have already answered everything I had answers too, but I’d thought I’d comment to mention in the off chance you hadn’t heard of it. Anything that doesn’t get answered here you could ask about over there (I know there are a fair number of lawyers there, just be sure to mention for which country you want answers. :)
Do you want a fountain pen or a rollerball?
Fountain Pens: if the guy with the pen has it for status, a Mont Blanc. If he has it to write with, a Waterman or Pelikan.
Hah! I have three Watermans, which I use hard, and they hold up great.
So there. *g*
most of those table are particle board, which is made of sawdust and glue, with formica on the top and cabinet liner, the brown stuff on the bottom… edges are frequently covered with “T” molding, which presses into a milled groove on the edge.. I dont know nuffin about nuffin else.
But the Shaftoe bits are the interesting part. *g*
Sexual assault charges vary by state. In North Dakota (where I’m *sure* your story is not set), all sex charges are “Gross Sexual Imposition.” Someone charged with GSI might be guilty of statutory rape, child molestation, fondling, anything.
– lawyer question: if somebody pleads guilty to a crime, does that automatically remove any right to an appeal?
In the US yes. Plea bargaining is an inquitous system that is utterly unjust.
– lawyer question: if a defendent is accused of rape, is it called rape or is it sexual assault to an Nth degree? looking on the net seemed to suggest it’s called rape, but if i can get that clarified that’d be great
If it’s called rape it will be something very specific. Jurisdictions vary on definition.
I can’t actually answer the 1666 question but if you still need an answer contact Judith Clute who has a web site (with her email there) at http://www.judithclute.com She knows huge amounts about London.
Just had a thought: save time and read Rosemary Sutcliff’s _The Armourer’s House_. It’s short and sweet and tells you a lot about London of the time.
“- lawyer question: if a defendent is accused of rape, is it called rape or is it sexual assault to an Nth degree? looking on the net seemed to suggest it’s called rape, but if i can get that clarified that’d be great.”
Depends on the state. Rape laws vary from state to state. In Michigan, there are four degrees of CSC (Criminal Sexual Conduct). You should be able to find the laws online.
Restoration London: I have heard good things about Liza Picard Restoration London: Everyday Life in the 1660s. Claire Tomalin’s biography of Pepys might be a good way in, too.
Defoe’s Journal of the Plague Year, perhaps?
Also, plywood can be jagged and potentially dangerous if broken. Particle board breaks dull.
Probably particle board with a melamine surface, in fact.
nolo.com might have some of your legal answers….
also, for sexual assualt/rape:
http://www.nycagainstrape.org/survivors_legal.html
http://www.sexlaws.org/
http://criminal-law.freeadvice.com/violent_crimes/sexual_offenses_rape.htm
> – what’s a really nice high-quality pen brand?
Mont Blanc or Waterman. Check out http://www.paradisepen.com/paradise/dept.asp?dept_id=3359
or http://www.joon.com/index.php
I think this is right. Hence phrases like “would the defence and prosecution please approach the bench”
Not melamine, instead of formica?
Burny electric stuff smell: Totally ozone.
Thinks ‘Duh’ and remarks that you could probably find out from the Manuscripts Section of the Guildhall Library what City of London Parish records do survive from pre-Fire.
I’ve notice that IP attorneys favor Mont Blanc; I’ve noticed to venture capital distributing entrepreneurs, on on the East coast, on on the West, used several thousand dollar exquisitely enameled Namikis.
High end geeks use Namiki vanishing point, but they’re in the mid-range of pricing, and not likely to appeal to, well, rich pockets.
Its also called “Discovery”…. it depends on whether its a criminal or civil suit.
Lawyer question re: benches –
The Judge sits at a “bench”… the tables where the suit’s parties sit are just refered to as Defendant and Plaintiff, accordingly.
(here via)
what’s a really nice high-quality pen brand?
You’d need to further specify how nice and how high-quality, and then get a pen-geek to answer this, but most ordinary geeks I know prefer Cross pens. My wife bought me a Sensa pen when I got my first full-time writing gig, and it’s one of my most prized possessions, apart from being a really nice pen.
anybody know what the underlying material of elementary-style cafeteria tables is?
It’s usually particle board with a cheap laminate on it.
– anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
High density pressed board* under plastic laminate.
*That’s sawdust and resin glue bonded with heat and pressure.
1. It depends. The prep work is called, prep. Whether it is for a trial, a preliminary hearing, a plea hearing, a sentencing hearing, etc. Preliminary prep, pre-trial prep, etc.
2. Sort of. They cannot appeal the guilty/innocent but the sentencing. They do it all the time for DWI convictions (I used to be a court clerk in Arkansas).
3. The difference between a sexual assault in the Nth degree vs. rape is dependent upon the laws of the state in which it occurred. You would need to look at the state statutes in which it applies. And as someone stated, it is alleged until proven.
4. Not all courtrooms have designated areas for lawyers. In general, if it is a table, it is the defense counsel’s table. The only “bench” is the one the judge sits at.
IANAL, but legal “rape” requires coitus. Anything else is “sexual assault”. I think the distinction stems from insane vaginal virginity worship.
Formica(R) is a company/brand name, not a material.
I like Namiki and Pelikan pens. Many will suggest Montblanc. Shun such people.
Waterman is a wonderful pen, especially the fountain pen, and Visconti. These two I have heard about. I have a wonderfully balanced gem of a fountain pen I received for my birthday, but it does not have a name or mark I could find which said what brand it was. I will keep looking, but I know these two are wonderful pens.
In the 19th Century some of the best nibs for fountain pens were made by Esterbrook. I have a couple of these for my dip pens. (Yes, I write with dip pens and a jar of ink because some stories refuse to come out any other way. I do love the writing pens!) Hope this helps.
I am also posting a nice site I found that could lead you to other pens I have no knowledge of it is http://www.upscalepens.com/index.htm.
Also, I have added you to my friends’ list. If you would like for me to remove you, just let me know. Good writing.
I believe this oversight was fixed in British law during the 1990s (to cover any forced penetrative act). It may vary with jurisdiction …
– when an electric light burns out, there’s a little sharp acrid scent that goes with it. what makes that smell, just the heated metal or is it ozone or something?
If there’s a spark in air, ozone is formed, and that is indeed what you smell, possibly along with some trace metal vapors released by spot heating.
– anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
It is indeed the little-publicized elementary material Buellerboard. Or not.
I’ve also asked my husband for pen info for you, he is a fanatic collector of fountain pens, so I’ll post his answer for you tomorrow :)
In Vermont (where your story is probably also not located) rape used to be the term, but now sexual assault and aggravated sexual assault are used.
Well! Send me your address and you can have a fourth.
On #2 I think she’s talking about preping for the grand jury hearing-thing (but then all my legal knowledge come from watching far, far too much Law & Order, so what do I know?)
*beam* Awesome. Thanks!
– what’s a really nice high-quality pen brand?
How about Cross? Cross pens are generally considered very professional and high-quality. You don’t throw them away like a Bic. Alternatively, if you’re looking for the swankiest of the swanky, you could check out the Levinger catalog. They list a lot of $150-$300 pen brands, none of which I know off the top of my head. Levinger.com
– when an electric light burns out, there’s a little sharp acrid scent that goes with it. what makes that smell, just the heated metal or is it ozone or something?
Honestly, I can’t say as electric lights make acrid scents when they burn out. Remember, the bulb is air tight, thus no scents in or out. If you’re determined to have a smell, then I guess it must be either burnt tungsten (the filament) or possibly hot dust (the hot filament falls to the glass, heats it quickly and burns oils, dirt, etc on the outside). Ozone is not something I would associate with a burnt lightbulb. It’s always more evocative of something directly-electrical.
– anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
Actually, plywood is a type of pressed board, so it’s not one or the other. :) I think the word you’re looking for as a comparison is “particle board”, which I believe is most commonly used for those cheap cafeteria tables. From a practical standpoint, you really could use either and probably be correct. The -really- cheap cafeteria tables are particle board. The -somewhat- cheap cafeteria tables are plywood. :P
I hope that helps. Good luck. :)
Yours,
~Vay
Cafeteria tables are made of chipboard (aka orientated strand board or pressboard in some circles. Some posher ones would be made of MDF (medium density fibreboard) the really cheap ones are made of Plywood
Most terms above are UK/Irish, other mileage may vary.
And that’s what I was here to suggest :D
How can there be a spark in the air, though, if the bulb is airtight? There’s inert gas in there, not oxygen. I agree about spot heating, but once again… isn’t the metal scent going to be sealed in the bulb? As I wrote below, I would think that the only things you could smell would be oil and dirt on the outside burning.
:) I’m not trying to tell you that I know I’m right or anything. I’m just trying to ponder it logically. How could we smell either ozone or metal from outside a sealed bulb?
Thinking through a thing,
~Vay
There are some really terrifyingly expensive high-end fountain pen brands, but ones that are easily recognizable include Waterman and Mont Blanc. More information on pens can be gleaned from Swisher Pens or Fountain Pen Hospital, both of which have pens for reasonable prices and pens for, um insane and astonishing prices.
IANAL, but it’s my impression that a guilty plea can be appealed on the grounds that the client’s rights were violated in the process of obtaining that confession/guilty plea, or if that they are mentally incompetent, or that there is evidence that shows they couldn’t have done it. An actual lawyer can undoubtedly give greater clarity and detail, and possibly actual examples.
Neil Hanson’s book on the Great Fire of London might give some idea about destroyed neighborhoods and the class levels of each–but it’s been a while since I read it.
Most of the school cafeteria tables I have known had particle board, press board, or some other sort of composition material underneath the formica top.
First lawyer question: Hopefully this will help: http://en.wikipedia.org/wiki/Preliminary_hearing . I know that generally preparing for trial is just called trial prep or trial preparation (duh, right? hehe) but since I don’t have much criminal experience if they use a particular term for it I don’t know it.
Second lawyer question: This should help: http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00626.htm . Seems to me that the defendant waives some but not all appeal rights.
Third lawyer question: It would most likely depend upon the specific jurisdiction where the defendant is being charged. The laws can vary from state to state as well as from state to federal. If you tell me the specific jurisdiction I can probably research it for you.
Fourth lawyer question: This should help: http://en.wikipedia.org/wiki/Courtroom . Seems to me that bench almost always refers to the judge’s seat while counsel tables is usually used to refer to where the two parties (plaintiff and defendant) sit.
Caveats: I am not a lawyer, though I just finished my paralegal certificate, and this is geared towards U.S. law specifically. If the links I linked to aren’t pertinent enough or you’d like a more “plain terms” approach, let me know and I’ll see what I can do.
Hope this helps!
Here to answer questions…if I can…
A good pen is Jean Pierre Lepine, although that may not be what you are looking for since they are a bit avant garde. I have one (it was a gift) and I love to write with it.
Info on London 1666 is at home and I am at work. I have many, many, many books (including one called Restoration London) since I wrote a book set in 1663–so I do know London before the fire/plague better. But I do have some links. Here is a map from 1666 that includes a plan “after the dreadful conflagration.” Here’s another that seems to show more of what was lost. The destruction was tremendous. It burned the heart out of London. From the map(s), it looks like the areas behind the Tower and Whitehall were spared.
So let me know if you need more information…
I have no answers for you, but you might find the lj community useful. You can ask nearly any question there and have someone answer your questions…
3rd question: it’s in NYC. Manhattan specifically.
What kind of pen do you mean, and in what time frame? Cross was a really good brand for a long time but is not as good any more; the one I got for high school graduation was disappointing. My favorite pen I ever had was a Montblanc – they are another highly respected maker of pens, founded in 1906 and known for their sophistication.
Pelikan makes a really fine, very respected fountain pen. Aurora is another good fountain pen brand. Both also make other types of pens. Parker invented some of the more important fountain pen innovations, and the company now makes a decent basic fountain pen. Waterman was also known for technological innovation, for various kinds of pens.
If you mainly want a manufacturer name that sounds fancy and is, I would use Montblanc. Cross has been around for 150 years and might have better name recognition though. worldlux has decently helpful commentary at the top of each manufacturer page (the list of manufacturers is at the bottom).
Q: what’s a really nice high-quality pen brand?
A: Mont Blanc
I collect fountain pens too. Everyone knows Montblanc, and you’re probably noticed their trademark snowcap on the top of someone’s fancy expensive pen.
I prefer Pelikan (German) or Omas (Italian), but there are many options. Do you want the pen to carry any sort of connotation? Flashy or non-flashy? Maybe a vintage pen?
— Robert, ex-Evan
> – anybody know if a private welcoming reception for a U.N. peace ambassador
> would be held at the actual U.N. or off-site at a schmoozy hotel or some such?
I have an immediate family member who has been both an ambassador and an associate delegate to the UN. But I have to ask, what’s a “peace ambassador”?
Such receptions could be held anywhere, depending on headcount, catering needs and security issues. If it’s a UN function and there’s not a “show the flag” aspect, as in a state dinner, it’s just as likely to be offsite.
And EBT is specifically questioning of the opposition witnesses. It’s not used in all cases, and I’m 90% certain it’s not used in criminal cases at all. The context it seems to crop up in is civil lawsuits.
“Pre-trial discovery” is perhaps more the phrase you’re looking for.
– what’s a really nice high-quality pen brand?
Assuming you’re talking about fountain pens the first thing that pops to mind is Mont Blanc.
http://www.montblanc.com/products/26.php
But check around, they may be some ghastly noveau riche thing for all I know.
…except DeFoe was 5 during the Plague Year. It has to be looked-at askance as a source.
A bulb burning out comes when enough air has leaked into the vacuum to make the filiment burn. Dunno how we’d smell it, though; I never have.
Have you read An Instance of the Fingerpost? Another pleasure-disguised-as-research volume for you, perhaps. And is doing a book set in middle 17th century England; he might have some ideas.
This looks very helpful: http://www.nycagainstrape.org/survivors_legal.html#A
This is the actual breakdown of the various definitions and charges, i.e. rape in the nth degree, sexual assault in the nth degree. Scroll down to the 130’s, which deals with rape and sexual assault. http://wings.buffalo.edu/law/bclc/web/NewYork/ny3(a)(1)-.htm
Hope that helps!
It’s one of those celebrity sort of jobs that people like Angelina Jolie do. More about raising awareness of things than UN politics, strictly speaking.
something closer to partical board if not that itself. I distroyed it enough in school, our were never as durable as plywood would have been in comparison.
Okay, law question #1: In a criminal case, the first court appearance is the Arraignment, which is when they take the plea, and determine bail. The next major appearance is the Preliminary Hearing, wherein the bones of the prosecution’s case is laid out, and the judge decides whether that is sufficient to have the case bound over for trial. In the vast majority of cases, the answer is “yes.”
Up until that, it’s just called “billable hours.” :)
2: A plea can always be appealed, even if the plea bargain specifies not. (At least in California). The question lies in how well the defender did his job, whether there is new evidence, how well informed the defendant was, and all that jazz. It’s not common, though.
3: Rape is a charge distinct from Sexual Assault.
4: The Judge sits at the bench, the attorneys sit at tables. The Defense Table and the Prosecution table. Generally defense to the right, prosecution to the left (as the judge sees them).
5: Ozone.
Luck!!
Answering a bunch:
new yorker question: is the major fountain in central park lit at night (you know, the one that’s featured in all the movies)? what kind of stone is laid around the fountain, or is it concrete? where’s it located in the park?
–>Are you sure you’re talking about Central Park? The NY fountains that seem to crop up in the movies are in Bryant Park:
http://www.virtualnyc.info/photo_album/bryant/pics/fountain.jpg
and at Lincoln Center:
http://www.bridgeandtunnelclub.com/bigmap/manhattan/uws/lincolncenter/pictures/fountain2.jpg
The big fountain in Central Park looks like this:
http://geo.ya.com/travelimages/usa236.jpg
Tell me which one you mean and I can answer your questions better.
anybody know if a private welcoming reception for a U.N. peace ambassador would be held at the actual U.N. or off-site at a schmoozy hotel or some such?
–>I don’t know, but pop over to the blog of and ask him (or email him at grohmann at un dot org). He’s a protocol guy for the UN and definitely knows the answer to this. Tell him I sent you.
lawyer question: if somebody pleads guilty to a crime, does that automatically remove any right to an appeal?
–>According to my sister, a former ADA in Brooklyn, the prosecution will 99.99% of the time insist on the terms of the appeal including a waiver of right to appeal. So merely pleading guilty doesn’t automatically remove the right, but in reality the right is removed as a matter of course.
I see someone else answered otherwise, but was talking about California. This is part of the problem–different laws and standards in different states.
My sister also said she would insist on the defendant allocuting to the crime as a term of the plea, which also makes it harder to appeal (since the defendant has stated on the record “I did it”).
– lawyer question: if a defendent is accused of rape, is it called rape or is it sexual assault to an Nth degree? looking on the net seemed to suggest it’s called rape, but if i can get that clarified that’d be great.
–>My sis seems to recall that they are two different charges (“rape” and “sexual assault”), but she advised that you google “New York Criminal Code” (assuming your story takes place in NY) and see if the laws and terms have changed. It’s been a decade since she was prosecuting.
lawyer question: in a courtroom, the tables where the lawyers sit are the benches, right? prosecution’s bench, defence’s bench?
–>No. My sister was actually flummoxed by this question, because they don’t call them anything. They are “desks” or “tables”.
The “bench” is what the judge sits behind.
Also, in NY at least, the prosecutor’s table is closer to the jury. And the prosecutor gives their opening before the defense does, and their closing after the defense does.
anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
–>I’ve seen both cheap chipboard and plywood.
Okay, further on this–I take it you’re talking about a criminal trial. I wasn’t sure if you’re talking about the general act of preparation (long nights reading relevant case law, organizing evidence, and drafting motions), or if you meant a particular phase of the process.
According to a former Brooklyn ADA (my sister), New York has a rather abbreviated process compared to other states. They don’t have a lot of pretrial stuff, and no preliminary hearing. It’s usually straight to the grand jury for indictment and then the real trial.
– lawyer question: if a defendent is accused of rape, is it called rape or is it sexual assault to an Nth degree? looking on the net seemed to suggest it’s called rape, but if i can get that clarified that’d be great.
http://www.nyscasa.org/
The terminology for sex crimes is rather dependant on the county in question.. actually in the US on the state in question.
Common breakdowns include: sexual contact, aggrivated sexual contact, sexual assault, aggrivated sexual assault
These follow definitions specific to the state. In NJ they are statutes 2C.
And the fun fact is that they can charge you for several instances of different things with regards to the same situation.
Even the terms for the person that did the act are different per state. Here in New Jersey they are called the Actor (I can’t recall what the proper term is for it in NY)
Of course my information doesn’t come from a lawyer background… I’m a Rape Care Advocate and our county prosecutor’s office supplies us with the proper laws so we can inform a survivor of the legal process they will go through.
In NY I believe it falls under Penal Code 130.
Felony cases are:
1st, 2nd, and 3rd Degree Rape
1st, 2nd, and 3rd Degree Criminal Sexual Act
1st Degree Sexual Abuse
1st, 2nd, 3rd and 4th Degree Aggravated Sexual Abuse
1st and 2nd Degree Course of Sexual Conduct Against a Child
Persistent Sexual Abuse
Facilitating Sex Offense w/Controlled Substance
Female Genital Mutilation
Section 255.25 Incest
Misdemanor cases are:
Sexual Misconduct
Forcible Touching
2nd and 3rd Degree Sexual Abuse
> lawyer question: what’s it called when a lawyer is doing the initial preparation for a case hearing, to present to the >court whether or not it’s worth holding a trial over? is there a specific word for that?
Are you looking for the term of Grand Jury?
There may also be Suspension Hearing or Wade Hearing if the defense lawyer thinks proper identifation wasn’t made.
XD I was going to suggest it too!
Pen — you do mean fountain pen, yes? And is it for display only, or to be used?
Mont Blanc and Waterman are among the best writing pens. They’re also instantly recognizable as expensive pens, while Sheaffer and Parker have a more workaday image. Visconti, Aurora, and Pelikan also make fine high-end writing instruments. This is by no means an exhaustive list.
The best known, allegedly high quality pen brand would be Mont Blanc. If you’re looking for an expensive one that’s lesser known, but popular with collectors (as opposed to people who write regularly with them), Michel Perchin, or Omas.
A Parker Duofold is also a recognized quality brand.
Signed,
Vintage Sheaffer Fan, and Proud of It
Okay, possibly a religious difference here. I don’t think that Mont Blancs are that good, but the are the best known brand of fountain pen around.
Also Grayson Tighe makes limited edition fountain pens that run into the $5,000 range. I think several of them have been smacked with ugly sticks, but tastes differ.
I like the feel of a Mont Blanc, but I know tastes differ. I will say that the $25 Pelikan Pharos pen writes as well as any of my pricier toys.
I agree completely about the Grayson Tighe pens. They’re so encrusted with decoration that your hand would be bleeding after five minutes’ writing time. But they’re more valuable anyway if they’ve never been inked. It passes my understanding. What good is a pen if you can’t actually write with it?
Pleading guilty does not deprive a defendant of the right to an appeal. However, the appellant must raise a cognizable grounds for relief. Usually, when the defendant pleads guilty and then files an appeal he argues that his plea was involuntary, i.e., it was not made knowingly. There is a lot of case law discussing when a plea is “voluntary”.
…I wish I knew what sort of a character owned this particular high-quality pen brand.
and how much money got spent. because if you want to spend ten grand on a pen? there’s a pen out there for you.
because if the pen owner has an *expensive* pen because of image and is clueless about quality, then it’s likely to be a mont blanc – it’s like the tommy hilfiger of pens. the jeans aren’t any better, but the name merits a higher price.
if the pen owner has an antique pen handed down from a mentor, go for an old cross. whoot!
if the pen owner actually writes with it, and writes with it all darned day – how about a waterman? I’ve heard good things about the (modestly priced) phileas, and I keep waiting for my local pen store to bring in more stock.
if the pen owner is a brand snob but with a little more…refinement (and more money) do a dunhill.
The party who bears the burden of proof sits closest to the jury. In a criminal case, the prosecution bears the burden, so the the prosecution sits closest to the jury.
Each jurisdiction (state) has adopted its own crimes code in which it labels and defines each crime however it so chooses. Most crimes codes are modeled after the Model Penal Code, but that code is not the law in any jurisdiction. Thus, the definition of rape, indecent assault, sexual assault, deviate sexual intercourse, etc. varies by jurisdiction.
Namiki also makes really beautiful pens with artwork on the barrels. You could go to Levenger.com or swisherpens.com and check out some pens!
Re: High-quality pens.
There’s a number of them. Everyone’s heard of Montblanc, of course. Then there’s Montegrappa, Conklin, Pelikan, and Namiki.
Re: Burnt-out electric lights.
The actual act of burning out won’t create an odor; the filament is inside a sealed volume. If you do sense a burnt odor, it could be ozone (if there was any electrical arcing outside the bulb, say, near its base) or fried insulation. Smelling anything out of the ordinary when a light bulb burns out is Not A Good Thing™.
Re: Cafeteria table material.
Institutional furniture is generally not noted for its high cost, and plywood costs money. More than likely, such tables would be made of pressboard or particleboard.
Re: Courtroom tables
IANAL, but I’ve always heard the tables behind which the lawyers sit referred to as, simply, tables. There is only one “bench” in a courtroom, and the judge is sitting behind it.
Re: Guilty pleas and appeals
IANAL, but it depends on the jurisdiction. Some will allow appeal of a sentence after a guilty plea, some won’t entertain any nonjurisdictional appeals. There’s some discussion of this issues (at least, for Texas) at http://www.truthinjustice.org/texasplea.htm.
HTH.
Cheers…
I think kit’s talking about the grand jury too, though my knowledge of it is limited to what was explained by a judge before he started randomly plucking us jurors out of the courtroom in order to sit on the grand jury. My number wasn’t called, so my knowledge is very limited. Thank heavens.
Maybe Canada doesn’t have grand juries?
Starting from waterman (recalling a distant steprelative being related to the pen manufacturer) and moving on with keywords luxury and pens turns up a bunch: Waterman, Cross, Montblanc, Conway Stewart. My first guess at cafeteria tables would be formica on a metal structure. (Found you via.)
On the cafeteria tables, do you mean now, or do you mean in some past year – like when you were in elementary school? :D For some reason I saw a lot of the undersides of those tables (there was a HECK of a lot of gum) in the day, and most of them seemed to be particle board, but a few (I think maybe older) seemed to be some kind … chipboard? Chunks of wood large enough to be seen, anyway, as opposed to the ground up wood bits of particle board.
They didn’t really look like wood at all, though. And at the corners of the tops, the laminate stuff was always peeled off in curvy bits. It looked sort of layered- maybe a top laminate layer, a middle glue layer, then the “wood”, or something to that effect. It’s been ages since I’ve actually inspected one.
Oh, ok. That would probably be at someplace very naff. The UN complex itself is kind of a dump.
– anybody know what the underlying material of elementary-style cafeteria tables is? plywood? pressed board? bueller? bueller?
that would be pressboard.
–from a former lunchlady
Here in California “discovery” is sharing the evidence with the other side; the step during which the decision is made (or not) to go to trial is called the preliminary hearing, and it can be just as long and complex a process as the real hearing.
I second Montblank, but I’d opine that Pelikan is probably nicer than Waterman, for what that’s worth…
Correct. An EBT is a phrase used only in New York State litigation. I have handled litigated suit files (civil) up and down the Eastern seaboard and across the country.
They are referred to as “benches”. In a few jurisdictions it might be called the “defense bench” or “plaintiff’s bench”, but it might also be called “plaintiff’s table” or “defendant’s”. In short, I concur that it doesn’t really matter.
Also, there is no such thing as a “standard” court room design. I’ve seen them from high-security, low-ceiling modern to high-walled with ancient wood panelling to something that looks like the inside of a church with a broad spiral stair and no clerk. (That latter is in Vermont.)
Juries generally sit on elevated benches to the “right” if you face the judge’s bench, but in some Federal courthouses (like Bridgeport CT) the jury seats are opposite the door on the “left”.
The court reporters generally sit in front of the judge. The clerk may be positioned to the left or right, or just in an odd spot.
Expensive pen: Waterman (www.waterman.com)
Sorry I can’t help with the rest! The light question might be ozone – I can’t think what else it would be. The delicate scent of crispy fried moth wings?
Just found this, which might be useful for the courtroom question: http://www.courts.michigan.gov/lc-gallery/order-in-court.htm
Apparently they’re called tables, rather than benches. Defendant’s and Plaintiff’s tables.
Sexual assault, in most states, is something less than rape. It is in the chain of crimes leading up to rape, in the same way that assault is in the chain of crimes leading up to murder. The degree is severity, and will likely require digging up the criminal statutes for the state you’re setting the book in.
I like fountain pens personally and my favorite at the moment is a Mont Blanc Boheme Rouge. While the Boheme is at the lower end of the Mont Blanc range, they are acknowledged as producing some of the best pens in the world. I also have a Waterman and a Diplomat but the Mont Blanc still rules in my book!
IAAL, and you are correct.
Thanks – am replying to‘s thread below.
Does “naff” mean good or bad in USian?
Agree with everything else says, esp re the grottiness of the UN complex itself.
One other possibility that you haven’t explored is that if the ambassador has connections with a particular member state (like being one of its citizens!), they might put the reception on either in the offices of their Mission to the UN or at the ambassador’s residence, especially if it is a relatively small affair and/or a country with fairly decent premises.
Otherwise there are plenty of hotels around the place. The more UN-focussed the event, the less likely people would be to hold it very far from the UN building.
A knowing, intelligent and voluntary guilty plea before a court of competent jurisdiction by a competent defendant waives any challenges to the conviction. You can appeal on the basis that the plea was not knowing, intelligent and voluntary; on the basis that the court did not have jurisdiction (which includes failure of the indictment to charge an offense); or on the basis that the statutory basis for the conviction was unconstitutional. It may also be possible to enter a “conditional plea,” where you preserve the right to appeal (for instance) an evidentiary ruling of the trial court, and if that appeal fails, your guilty plea will stand.
In short, it’s a more complex answer than “yes, you can appeal.” And I’m assuming that you’re using “appeal” in a loose sense, meaning “any legal proceeding that ends up overturning the conviction.”
I don’t want to go on at too much length – if you can specify better what the circumstances you have in mind are, it will be easier to answer. The one huge thing you definitely cannot do after an unconditional guilty plea is appeal the admissibility of the evidence against you.
(I am not a lawyer, this is not legal advice, please consult a lawyer before contemplating being charged with a crime in any jurisdiction, etc.)
Well, it’s been years since law school for me, but I remember some of the jargon. Before I go further, I have to provide a disclaimer–I am NOT a licensed attorney (haven’t passed the bar) and therefore I am NOT offering legal advice to anyone. If you need legal services, find a licensed attorney in your area!
–When someone first walks in off the street and asks to see a lawyer, the lawyer sits down and starts asking a lot of questions. That’s called an “initial interview” or an “intake interview” in the law offices where I’ve worked. If what the client has to say convinces the lawyer that there is a “cause of action”, that lawyer will start collecting information. As I recall, that part of the process doesn’t really have a special name. Attorneys will do things like take depositions from witnesses and poke into any records of the events central to the case. The attorney has to make sure that what her client told her is true, and that there is a legal basis for bringing the matter to the court’s attention. Sometimes a client will come in, and tell a story that’s exaggerated or even plain old false. It’s the attorney’s job to find out–there are some nasty penalties for wasting a court’s time. In a civil case, the attorney will take the results of her investigation and present them to the court in a “complaint”. That’s usually just a formal statement of why Mr. Joe Public is suing Mr. Bob Normal. That starts a long series of court filings, which may go on for months or even years before the case ever gets to a formal trial.
Criminal procedure’s a different animal, and not one I’m as familiar with. But unless there’s been some enormous mistake in the filing of the charges or in the arrest of the alleged criminal, it’s a given (in U.S. law, anyway) that the matter is worthy of trial. Every person accused of a crime has to be offered a full trial. A lot of the people who are accused of a crime choose to accept a plea bargain, or plead guilty and waive the right to a full trial. There are formalized procedures for doing those things. If you’re in the U.S., you can go to the local court and watch from the gallery while the judge explains in detail what the accused is doing in agreeing to waive his or her right to a trial.
If you plead guilty to a crime, you waive your right to an appeal on the question of your guilt. All you could appeal later would be procedural matters, such as whether or not the judge correctly applied the law during sentencing. In order to negate a guilty plea, you’d have to prove that you were either somehow coerced or tricked into pleading guilty. It can be done, but it’s not easy or common.
To my knowledge, rape is a specific crime defined by statute. Sexual assault is a different crime, also defined by statute. I don’t think there are degrees of rape, but I’d have to locate my criminal law book and check to be sure.
In the courtrooms in which I interned, the judge’s desk was called the “bench”, and the tables where the attorneys and their clients sat were called the “defense table” and the “plaintiff’s table” or the “prosecution’s table”. Over to the right side of the courtroom was the jury box, and behind a door was the jury’s “deliberation room”. The bailiff sat on one side of the bench, with the witness stand was on the other side of the bench. The judge had chambers on the other side of the hall.
About light bulbs–I always thought the smell came from dust getting cooked because the electricity couldn’t flow through the filament inside the bulb. With nowhere to go, the electricity turns to heat, and any dust on the bulb or in its socket smolders a little.
“Cross” pens are the kind I’ve seen in velvet-lined boxes and priced in the hundreds of dollars.
Good luck with the book–it sounds like there are some interesting elements in it!
Nice, high quality pen brand: monte blanc
Sorry if this has already been answered – I know Liza Picard and Neal Stephenson’s books have been recommended, and I second that, but sounds like you just want a drop of history in an otherwise contemporary tale, so never mind.
As far as location goes, “not wealthy but not destitute” covers a pretty vast range. Southwark (just south of the river, central) and Wapping (docklands to the east of the city) would both have escaped the fire and were pretty downmarket (Wapping particularly so; Southwark likely had a few more respectable families). For a more middle class family you’d probably be looking to the north or west, and I must confess I’m not that sure on the geography of that period.
For everything you want to know about London in the 1660s read Liza Picard Restoration London
as far as the pen question:
I think an appropriate brand depends on what you’re attempting to convey. Meanwhile, two brands that have good general recognition as high-quality are Montblanc and Waterman. Most of the other brands are going to either have a range of quality, or be slightly obscure. Montblanc users, to me, have a whiff of stodgy/conservative/fatcat, Watermans are slighly sleeker.
It is indeed the little-publicized elementary material Buellerboard. Or not.
*laughs out loud*
Huh. It looks like the Bryant Park fountain may actually be the iconic one in my mind (obviously I’d always assumed it was in Central Park, but the Bethesda fountain’s flagstones are totally the wrong color), but I actually need one /in/ Central Park, since that’s where the character is. My concern is more in finding an area that’s well-lit at night than it being that particular large fountain (as I did manage to discover there are about forty-seven fountains of varying sizes in Central Park). Thank you! And please thank your sister for me!
I’ve come over from‘s lj. ;-) I can only answer the pen question, I’m afraid. The acknowleged high-class pen brand is Montblanc. Good luck finding the answers to your other questions!
I don’t mind being friended at all! Welcome. :) And thank you for the information! :)
I suspect you are probably correct and that it is either the tungsten or the dust that I’m actually thinking of. I shall go with tungsten, because there’s a metallicness to the smell. Thank you!
plywood is a type of pressed board, so it’s not one or the other
This is one of those situations where my mother would say, “Listen to what I mean, not what I say!” I meant particle board, yes. :)
Ooh, maps are very helpful. Thank you! Also, that icon is mesmerizing…
Rock. Thank you both!
I’ve never smelled anything from a bulb burning out, myself.
Hypothetically, though, the high voltage impulse caused by abruptly breaking a circuit with significant inductance could cause an arc outside the bulb as well as inside it, which might explain the smell.
As someone else pointed out, the big fountain in Central Park isn’t lit at night–relatively little of CP is lit at night, to discourage people from hanging about in there. (When they have evening concerts or Shakespeare in the Park and so on, the paths to and from the venue are lit.)
If you need a well-lit, famous fountain near CP, you could go with the Lincoln Center fountain. It’s not close, but it’s what a NYer would consider a reasonable walk from the park.
If you opt to switch partks, Bryant Park is lit all night, since it is small and sits right on 6th avenue in a busy part of midtown.
Oh, one more small detail–during drought summers (which occur every few years) all the fountains in the city are turned off.
I read him the names from the other responses and he said you are all set if you want mainstream, but if you want any more obscure or specialty stuff, he is more than happy to supply info via email, you can reach me and I can then email you his address at kks @ sluggy . net
Cheers!
That’s a good point about the courtrooms- they’d have to match the area the story’s set in. If it’s an older city with a lot of history, it’ll probably have a grand old courthouse… probably with a modern addition built out back with drafty, ugly rooms so the senior judges get the nice courtrooms and the newer judges get the nasty ugly modern courtrooms. *laugh*
Where I live, in a mostly very rural county, the courthouse is one of those half-modern, half-old types (though not incredibly old), the courtrooms are of different sizes and there’s I think… 4 of them- 1 old, 3 new.
Of course there’s places like Seattle, where they just up and rebuild the whole dang thing for the fun of it. No mere additions for us, please, we want the whole shebang! Heh.
I think you must have a more sensitive nose than my own. :) Still, I also believe that your readers will identify perfectly well with a ‘metallic smell’ associated with the burnt out bulb. Good luck to you!
~Vay
Yep. Here in Connecticut, there’s a very old, picturesque courthouse that desperately needs a successor because it’s too small. (Google for Images of Litchfield courthouse to see one of the exterior over time and even of the jury box!) So it will be entirely abandoned.
I have London: A Social History on my Amazon wishlist and it sounds like it might help (one of the comments says it talks too much about street names and churches, which sounds useful). Alas, I don’t yet own the book.
This was absolutely *perfect*. One other question, which you may or may not know–if someone pleads guilty to rape, would the judge sentence him immediately or is that put off until a later date?
Thank you so much!