Dean_the_Young wrote...
It's as much a semantic as distinguishing between raiding and capturing, dying or going into a comma, or any other independing categorization of sub-categories.
A hearing is not a type of trial. A hearing is what you have before the trial to determine if you will have a trial at all!
from Miriam-webster:
Hearing:
1
a[/i] :[/b] the process, function, or power of perceiving sound; specifically[/i] :[/b] the special sense by which noises and tones are received as stimuli b[/i] :[/b]
earshot 2
a[/i] :[/b] opportunity to be
heard, to present one's side of a case, or to be generally known or appreciated
b
[/i](1)[/i] :[/b] a listening to arguments
(2)[/i] :[/b] a preliminary examination in criminal procedure
c[/i] :[/b] a session (as of a legislative committee) in which testimony is taken from witnesses
Trial:
1
a[/i] :[/b] the action or process of trying or putting to the proof :[/b]
test b[/i] :[/b] a preliminary contest (as in a sport)
2
:[/b] the formal examination before a competent tribunal of the matter in issue in a civil or criminal cause in order to determine such issue
In the case of a Spectre, it is reasonable to conclude that there is no conventional court system, since Spectres answer
only to the Council with no other legal constraints. Hearing defintions 2(a) and © both apply. So do trial definitions 1(a) and 2.
There is no analogy in our existing court system, so the whole 'pre-trial hearing' definition doesn't apply.
As for a transcript, I presented the evidence as we are given in game. The evidence brought forward by Tali is considered concrete proof and sufficient for conviction. Whether it should be considered sufficient is a different matter. Saren's defence was complete denial, as presented earlier. That may have been held against him in the final decision or they may have contacted him to allow him to refute the new evidence and he failed to do so. We don't know. The 'hearing' was in progress when Shepard arrived.
As for Garrus, he was C-sec, and the concept of apprehending spectres is not somethng that would likely be covered much. It is like asking about the proceedures for aprehending rogue CIA agents, likely not taught to beat cops. As a Spectre, Shepard was definately authorized to use deadly force against Saren.
Modifié par Moiaussi, 26 avril 2011 - 06:04 .