Off on a Technicality: Difference between revisions

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{{trope}}
{{quote|<poem>''"I punched some jerk in Tahoe; they gave me one-to-three,''
''My high-priced lawyer sprung me on a technicality,''
''I'm just visiting Springfield Prison; I get to sleep at home tonight."''</poem>|'''Krusty the Clown''', ''[[The Simpsons (animation)|The Simpsons]]'', parodying [[Johnny Cash]]}}
 
The criminal is caught, comes up for a trial—and then it turns out that he wasn't read his [[Miranda Warning]], or the [[Cowboy Cop]] forgot to get a search warrant, or the confession was obtained via [[Jack Bauer Interrogation Technique]]. The judge is forced to throw the case out and the (alleged) crook walks free.
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The [[Amoral Attorney]] with [[My Rule Fu Is Stronger Than Yours|Rule Fu Stronger Than Yours]] loves taking advantage of this.
{{examples}}
 
{{examples}}
== Anime & Manga ==
* The [[Magnificent Bastard]] [[Big Bad]] Gouda almost gets off with this in the second season of ''[[Ghost in the Shell]]''. {{spoiler|Luckily, the Prime Minister has a technicality of her own; a piece of legislation which allows her to [[Screw the Rules, I Make Them|give Section 9 a great deal of "discretion"]] in detaining Gouda on the grounds that he's an important asset to the country.}} Something of a [[Chekhov's Gun]], since the same law was brought up in an earlier episode.
** The reason he nearly gets off? Apparently in [[Ghost in the Shell]]-world simply turning yourself in absolves you of all responsibility for your crimes, even when said crimes involve {{spoiler|conspiracy to nuke civilians and treason.}} [http://en.wikipedia.org/wiki/List_of_Ghost_in_the_Shell:_S.A.C._2nd_GIG_episodes\], [http://en.wikipedia.org/wiki/List_of_Ghost_in_the_Shell:_Stand_Alone_Complex_episodes\]
*** Which would explain why the [[Ghost in the Shell]] world is a bit of a [[Crapsack World]]. In addition, there are multiple storylines involving a [[Treachery Cover-Up]].
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** The Kingpin was cleared of murder charges after his lawyer got the video of the murder ruled inadmissible. Even though news station played the video for all to see, the citizens of New York treat this as the same thing as him as being completely innocent.
*** Parker tries to bring it up during class, and the teacher ''gives him detention.'' The implication is that everybody knows he bought the cops off, and is therefore the de facto master of the city - and their lives are at risk if they bring it up.
 
== Fan Fiction ==
* In a ''[[Harry Potter]]'' fanfic titled "''Growing Up Black"'', years after Sirius Black was sent to Azkaban, some of his relatives started having doubts about his guilt, decided to check the facts and found out he wasn't allowed to have a trial. They got him free by invoking a law stating that no pureblood can be forced to spend more than one month in Azkaban without a trial and that all charges against purebloods who are forced to stay more than that time there must be dropped. Sure, he's innocent, but since this is not what got him off, it can arguably be counted as a technicality.
** Actually, while the law invoked to get him free was supposed to work regardless of Sirius being guilty or not, the relative who brought the case to the Wizengamot did point out reasons to doubt his guilt before invoking the law. However, people who don't believe Sirius Black's innocence usually say he got Off on a Technicality. It doesn't help that his family had to pull some strings just to have a chance to plead Sirius' case.
* In another ''[[Harry Potter]]'' fanfic, "''My Parents' Secret Keeper"'', Sirius Black ''did'' get a trial and was acquitted but, since the Wizarding World believed him to be guilty, he wasn't allowed to take Harry away from the Dursleys. In that fic, the Fidelius Charm leaves a magical trace on the [[Secret Keeper]] and Sirius Black had no sign of that trace, which got him acquitted from the charge of being the one who betrayed the Potters to Voldemort, despite everyone being sure the only reason he had no sign was that, with James and Lily dead, the trace had vanished. And Sirius couldn't prove his innocence on the mass murder charge because there were no witnesses. (The Wizarding World believed the lack of witnesses to be the reason he wasn't convicted). Years later, after Harry's second year at Hogwarts, Sirius found a law that allowed him to take custody of Harry. Unfortunately, Harry was so convinced of Sirius Black's guilt he refused to listen to his Godfather's pleas of innocence until Peter Pettigrew showed up and almost killed Harry in an attempt to get Sirius finally convicted of something. Peter wouldn't feel safe living as somebody's pet rat with Sirius free to look for him.
* In "''These Grim Bones"'', yet another ''[[Harry Potter]]'' fic portraying Sirius Black as a Death Eater who got Off on a Technicality, Cornelius Fudge, wanting to conceal the fact that (in the fic) some of the [[Muggles]] allegedly killed by the explosion actually fell victims to blunders from Obliviators, convinced most of the Wizengamot members to pass a motion to have Sirius only answer questions regarding his guilt or innocence of the crimes he's been charged with. Fudge's official excuse was that, even under Veritaserum, Sirius could twist the truth to the point of getting himself acquitted if he ever got a chance to give elaborate answers. After Sirius claimed under Veritaserum that he didn't betray the Potters to Voldemort, didn't kill the muggles and didn't kill Peter Pettigrew, Albus Dumbledore accused Sirius of being able to overcome Veritaserum and tried to have him convicted with basis on the remaining evidence but failed because it was Dumbledore himself who said Veritaserum would be needed to settle any doubts. That and the fact the Wizengamot wouldn't go back on the ruling of having Sirius answer only the basic questions got him acquitted but still believed to be guilty.
 
== Film ==
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* On ''[[The Mentalist]]'', there was an episode featuring a man who was accused of murdering his wife and only wasn't convicted because a videotape proving that he lied about not being at the crime scene when it happened was ruled unadmissable for not being presented on time. {{spoiler|it was revealed later that the man was really innocent and that the real murderer doctored the tape to frame the victim's husband.}}
* In the [[Batman (TV series)|live-action Batman series]], Batman was a deputy and sometimes even acted as a prosecutor. Despite this, no enemy of his ever tried to convince the judge to dismiss evidence that only came into light because of Batman breaking into places without a search warrant.
 
== Fan Fiction ==
* In a [[Harry Potter]] fanfic titled "Growing Up Black", years after Sirius Black was sent to Azkaban, some of his relatives started having doubts about his guilt, decided to check the facts and found out he wasn't allowed to have a trial. They got him free by invoking a law stating that no pureblood can be forced to spend more than one month in Azkaban without a trial and that all charges against purebloods who are forced to stay more than that time there must be dropped. Sure, he's innocent, but since this is not what got him off, it can arguably be counted as a technicality.
** Actually, while the law invoked to get him free was supposed to work regardless of Sirius being guilty or not, the relative who brought the case to the Wizengamot did point out reasons to doubt his guilt before invoking the law. However, people who don't believe Sirius Black's innocence usually say he got Off on a Technicality. It doesn't help that his family had to pull some strings just to have a chance to plead Sirius' case.
* In another [[Harry Potter]] fanfic, "My Parents' Secret Keeper", Sirius Black ''did'' get a trial and was acquitted but, since the Wizarding World believed him to be guilty, he wasn't allowed to take Harry away from the Dursleys. In that fic, the Fidelius Charm leaves a magical trace on the [[Secret Keeper]] and Sirius Black had no sign of that trace, which got him acquitted from the charge of being the one who betrayed the Potters to Voldemort, despite everyone being sure the only reason he had no sign was that, with James and Lily dead, the trace had vanished. And Sirius couldn't prove his innocence on the mass murder charge because there were no witnesses. (The Wizarding World believed the lack of witnesses to be the reason he wasn't convicted). Years later, after Harry's second year at Hogwarts, Sirius found a law that allowed him to take custody of Harry. Unfortunately, Harry was so convinced of Sirius Black's guilt he refused to listen to his Godfather's pleas of innocence until Peter Pettigrew showed up and almost killed Harry in an attempt to get Sirius finally convicted of something. Peter wouldn't feel safe living as somebody's pet rat with Sirius free to look for him.
* In "These Grim Bones", yet another [[Harry Potter]] fic portraying Sirius Black as a Death Eater who got Off on a Technicality, Cornelius Fudge, wanting to conceal the fact that (in the fic) some of the [[Muggles]] allegedly killed by the explosion actually fell victims to blunders from Obliviators, convinced most of the Wizengamot members to pass a motion to have Sirius only answer questions regarding his guilt or innocence of the crimes he's been charged with. Fudge's official excuse was that, even under Veritaserum, Sirius could twist the truth to the point of getting himself acquitted if he ever got a chance to give elaborate answers. After Sirius claimed under Veritaserum that he didn't betray the Potters to Voldemort, didn't kill the muggles and didn't kill Peter Pettigrew, Albus Dumbledore accused Sirius of being able to overcome Veritaserum and tried to have him convicted with basis on the remaining evidence but failed because it was Dumbledore himself who said Veritaserum would be needed to settle any doubts. That and the fact the Wizengamot wouldn't go back on the ruling of having Sirius answer only the basic questions got him acquitted but still believed to be guilty.
 
 
== Videogames ==
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** In the sequel, one killer happily admits the deed... after the statute of limitations on the case has run out.
* ''[[Hitman|Hitman: Contracts]]'', where the Meat King got off on a technicality for murdering your client's daughter. The "technicality" is implied to be some form of bribery.
 
 
== Western Animation ==
''* [[Batman: The Animated Series|Batman the Animated Series]]'': used by the weapons smugglers in the episode where Dent begins his slide into insanity. However, since this takes place in [[Wretched Hive|Gotham City]]; it is certainly a case of bribery and a corrupt judge.
* Inverted in an episode of ''[[The Simpsons]]'' which has Homer's mother sent to prison on a "technicality" (having committed petty crimes on top of those she'd been convicted and pardoned of), and Homer exclaims "People should only get sent ''out'' of jail on technicalities!"
** In "Stop or My Dog Will Shoot" Santa's Little Helper as a police dog catches Snake who then gets off on a technicality.
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* In ''[[Spider-Man: The Animated Series]]'', the Prowler was a minor street thug whose lawyer got his case thrown out since Spider Man apprehended him but wasn't present to testify as to his guilt. Why Mary Jane couldn't ID him as the man who robbed her [[Fridge Logic|is never asked]].
* ''[[Teamo Supremo]]'' once faced a criminal said to have used a technicality to get away with previous crimes.
 
 
== Real Life ==