Comments

[Guest guest]

Several people have made some observations recently and asked

questions that I would like to comment about.

Victim reparations: in this state, anyway, a victim's intoxication is

regarded as an aggravating factor when it comes to determine whether

the victim deserves any recompense. In part, this is simply a

screening device, since the victims' compensation fund hasn't got

enough money to compensate all victims -- and even the ones who are

compensated will find that the amount they receive is woefully

insufficient to cover their injuries.

Transcripts: I think there is some confusion about what a transcript

is and what a reported opinion is. Transcripts are actual

transcriptions of what is said at a proceeding, and all courts of

record will keep some kind of transcript. They used to be taken by

shorthand, and now they have those tape machines and the tape machines

also have computer chips nowadays, which enables instant transcripts

of the type that you will have seen people reading on laptops if you

watched the O.J. Simpson trial, for example. They may also be audio-

or videotape recordings. For the most part, these tapes, of whatever

sort, do not need to be transcribed. While they are kept by the

court, you will have to pay for the transcription if you want copies,

and considering that court reporters command top dollar, this can be

very expensive indeed. Normally transcripts are produced only when a

case is appealed, so that the reviewing court can assess any trial

court errors that the appellant raises as grounds for appeal. Even an

appeals transcript can be expensive, because you will have to pay for

the copying costs, which is more than just the paper and whatever the

xerox machine costs per copy. It also involves the labor of whatever

employee is sent to search out the transcript and do the actual

copying. People who are interested in transcripts should also

realize that most cases are settled, that the defendant gets some

promise from the prosecutor that a particular sentence will be

recommended in exchange (usually) for a plea to a lesser charge, i.e.,

homicide bargained down to manslaughter. In these cases the

transcript won't tell you a damned thing, except that the defendant

has made the plea knowingly and voluntarily, etc. (The judge is not

bound by the prosecutor's recommendation but will usually give it a

lot of weight.)

Opinions, on the other hand, are what you will find with citations.

Most appeals courts render written, published opinions, though not all

states publish the written opinions of intermediate appeals courts.

Nobody holds a copyright on these, and many are freely available on

the web. Try lawguru or LawFind, for example. Cornell University has

a very comprehensive legal website as does the Government Printing

Office. All these search engines have their quirks, and you have to

be patient with them.

Hope this has been of some help.