John Lackland
In March 1999 I ran into a court case that sparked my interest soon. Was cited in an article of doctrine, appeared on a legal journal, the value attributed to the silence of the accused in a criminal trial. The article explores two fundamental issues, whether or not the silence has no value to the decision and although it could also be evaluated in relation to a possible obstruction or delay the trial itself. It referred to a ruling of the Court of Nocera in which a man was tried for attempted murder.
The case aroused my curiosity and ricercai acts of the process. Mostly
intrigued I went to look for the parties' submissions and found memories, notes and a brief narrative. Carry a full memory and notes the fact as well as discussions in jail. The description of the fact I loved the personal considerations that does not appear as full paper, but as a narrative.
Talks in prison instead are reported as recorded.
RECONSTRUCTION OF FACT AND
'was researched in detail each item to reconstruct the incident.
King John was at the tavern table with a jug of red wine in front, alone as always, in silence, watching the void in front of him. October 12 was a few years ago. In the room there was the usual bustle and the usual customers. Two tables further on there was a group of card players, who kept him at arm's length, because the room was a rumor that it did not bring much luck to be near him, and we know how ruthless at times the rumor, and in particular how he twice unfortunate that in addition to their woes is to be said on that other's around that brings bad luck, or as he said in Pirandello unknowingly take a driver's jinx. The day was
rainy, and this may have some importance to reconstruct the climate a bit 'nervous that sometimes accompanies these days. A little 'more electricity is discharged into the air with the rain, and this account can have its value. Then, the gray even gloomier souls. It was about ten o'clock in the morning, when the social worker Ernesto Bianchetti entered the tavern, he saw John, and he approached his table, and silently he sat down in front of him without say a few words. So say the witnesses, and 'the other hand had to be accustomed to this way of doing and relating, because we do not have much chance and have taken for granted. Probably the meeting had taken place so many times, like the rest have mentioned the same texts, so this meeting without talking about all indifferent and left without any worries. In the tables has continued in the occupations of each quietly. The Card Players occasionally raised their voices, and if someone swore often blamed the bad luck that haunted him. Sometimes the landlord made a tour of the customers and strengthen the jars.
According to a couple of texts, the social worker looked around and every so often and long staring at John, who is not reciprocated, still staring into space in front of him next to the pitcher.
For about half an hour, the social worker continued So every time gazing, but without uttering a word. Then at one point said he had to go away, but first wanted John to tell him if he needed something and not getting response repeated the question. The texts say they have heard the same question asked 5 times, but John remained firm and fixed, as if one did not speak with him. Meanwhile, the weather was significantly worse and had unleashed a violent storm, and the customers had suffered nervous, and many took it as always with the government, others swore by voice louder and louder, and perhaps that is why it has happened that a thunderbolt fell at home and the sound of thunder has startled everyone. John got up to step and if the social worker was faced with the unexpected. The renewed demand and then John pushed him hard, and that he fell backwards and violently beat his head against a stool and was on the ground unconscious. First Aid by
present, Bianchetti was hospitalized at the local hospital where there was a serious head injury for which he had to stay in care for 20 days.
The owner of the premises in the meantime had called the police, who intervened in the immediacy of events and agents have been undertaken to arrest John and disclosure of the same crime they accused of attempted murder. On October 13 John
underwent interrogation. The investigating judge, who had entered the prison to make safe and secure, came out after about an hour quite sad, unable to tell if it was faced with a clinical case or a voluntary mutism but became too strong and sometimes so desperate.
The same judge had asked the general to John and he had not received any response. Then he had warned that failure to act could lead, and much, his already precarious position, but the warning remained unheeded. The judge then addressed to the secretary, looking for help, and they were whispering to each other, then turned to the lawyer told the judge that the position could worsen with this silence, without any sense, and the lawyer had nodded, and turned to his client had said: "Come on, answer questions from the judge, you should at least give respect to justice!" On hearing this call for justice was achieved to a animal, like a grunt, but certainly not an answer. The judge then said that in the general fund if it is not needed because they knew well and all the police had given them to him, as John was well known, the lawyer protested and said that it did not seem smooth, and the Judge sternly rebuked him, saying that certainly could not hope that the silence of his client had been frozen during the Justice, in which the lawyer muttered, and the judge smiled with a certain irony. The secretary asked if he could proceed and the judge gave her the identity, marital status (married), address (homeless), wealth (nots), and finally chose for the home where King John was to receive notices of proceedings before the lawyer, who pointed to a small protest but was silenced by the judge who responded with the refrain that we could not paralyze the justice.
The judge read aloud the information quickly and the police in the act and asked John if it was true that he had tried to kill Bianchetti. Not obtained any response, he verbalize his silence and commented loudly addressed to the secretary: "He who is silent, agrees ..." and saw that it was very puzzled, and occasionally looked at John. The lawyer protested sharply, encouraged by the secretary of the puzzled look and said firmly that the silence could have no meaning, and so every silence would be tantamount to a crime, but the judge looked bored and then replied, "It alright , then we give him more questions, but tell his client that his silence will further reduce its position, which is already sensitive enough! " and the lawyer then sternly warned John, and told him that he did not defend well and did not defend, put him in an awkward position and was uncomfortable all, even the judge and that this had to be ashamed of. Not a deep groan followed the speech of the lawyer, who gave up on the broken chair, while the judge asked another question, "Have you beaten with Mr. Bianchetti violence?" and the lawyer tried to protest, that the information was not talking about beatings and violence, but the judge said that the questions and the answers he did give them to him was his client, and that it was of no use his catch, time was not recorded. And he made another question: "You wanted to kill Mr. Bianchetti?" and failure to answer said: "All right, enough, can sign the statement, lawyer" and the lawyer signed the minutes, he knew that instead of the signature of John was written that we refused to sign, as it was written that had not responded to questions that nothing had been recorded. The judge went out accompanied by the secretary, and John turned and looked at his lawyer and smiled. And it was reciprocated.
John was brought back in jail where he had been imprisoned and is not that the situation for him was very different from that in which he lived normally. Indeed, perhaps had a more regular life if there was a certain severity of a prison guard who claimed he answered him, and called for a failure to respond to any increase in pain. In fact, the increases di pena proposti furono considerevoli ma bisogna dire che il Giudice fu clemente e disse che secondo lui bisognava che prima lo condannassero per aumentare la pena e che quella che stava scontando era una carcerazione preventiva, per evitare che egli commettesse nuovi reati e perciò non bisognava usare troppo il bastone ma essere flessibili, che certo il suo mutismo irritava, ma forse voleva dire qualche cosa.
COLLOQUI IN CARCERE
(Queste brevi note cercano di riassumere i vari colloqui in carcere avuti con l'avvocato . Sono in prima persona e riprendono gli appunti dello stesso avvocato.)
Subito dopo l'interrogatorio, mi recai a parlare con il comandante delle guardie carcerarie e gli spiegai la situazione. Egli showed very understanding and said they were not accustomed to a lot of talk with the prisoners, so he did not think there could be problems. I then told him what bothered me most, that the health of the prisoner not to widen even further, and for this there was some understanding towards him, and that his willful closing itself should not deteriorate, even her general condition, which then appeared to me pretty good, but I was afraid of being undermined by the detention. The commander told me that my concern seemed exaggerated, because if the prison is a means of correction, we are not the Middle Ages and the prisoners are treated very well. To which I pointed out that no matter how well it could treated, there would be big trouble if the prison staff was not prepared for his silence. It could have been misunderstood and someone would punish him severely for this. But the Captain reassured me on this, saying there had been accustomed to various behaviors, and that the silence was not a novelty in prison, or at least at that prison. Then, reassured by those words, waved and walked away.
I went back to prison after twenty days, because I had received several phone calls from prison, where the Captain told me that there was a problem, because John did not respond to common questions, and this did upset the prison guards. On the other hand, had refused food for a week until they had reached a kind of tacit agreement for the operation of the prison doctor, who said that maybe trying something simpler, and then had put him on bread and water, which seemed to please Him, because he began to eat, and then to put a glass of wine, and even that was accepted. When I came to prison I clued in that two days from eating an apple a day, a guard told her that maybe she wanted to get out of the way the doctor, and I got the joke and smiles.
King John was waiting for me in the room destined for the visiting lawyers.
I found it good, did not appear damaged, he was clearly resources hidden because I expected to find signs of malnutrition. Inside of me suspected that the detainee had spent some food and passed him in secret, otherwise it was not explained. He had an attitude a little more open than before, his eyes denounced any change, because now it was no longer fixed in one place, but changed every two minutes around the point and occasionally turned to me and I felt it was not for anything hostile, but curious. It was as if I ask why my attentions to him that seemed strange. On the other hand, I begin by saying that I was worried about him and for him, that he wanted me in some way to manifest what if he had some importance and he looked at me curiously from time to time.
Not knowing what to talk about, not having answers, I started reading the newspaper aloud, and I noticed something that annoyed him. So I stopped reading the newspaper and sat in respectful silence. To which John turned to me and began to look with interest and stare at me. I was considering.
I was embarrassed, but I realized that perhaps my provocation that could have the effect hoped for. I promised myself that I would have used more and more silence from then on. And under his eye I thought about how sometimes the words become unnecessary. I thought at that time to fund the proverb "Silence is golden" but for me it was difficult to connect My professional interest in this case with some form of enrichment.
The interview was interrupted by prison guards that intrigued by the fact of not receiving any signal from the bedroom, took pains to bring an end to this strange interview.
After a couple of days I went back to jail, because I had promised myself to take care also of linen, and took the clean clothes I had bought on purpose. The guards told me that the linen was usually a task for the relatives of prisoners, but no one questions me too and asked me what kind of conversation I wanted to, from family or lawyers, to which I replied that I was always his lawyer, even if I pushed myself to some act of charity and I wanted the regular meeting of the office. Then they made me move to the small rooms and went to pick up John.
fat and I thought I did not explained, because it remains on bread and water, not for punishment, but because it was what he wanted. Obviously it was calmer. To see me, I noticed that the eyes lit up and it was as if he wanted me to understand that he liked my visit. Then reinforced by those events I made sure unequivocal and asked him how he was going.
He did not answer me, but I smiled and I returned his smile that he was eloquent. I could not pretend to speak only to start again because I was a gesture of charity or went to visit him from time to time. But the visit was the piacere e questo appariva chiaramente dal suo fare sereno e dal suo sguardo, sempre più tranquillo.
Le note difensive che qui riporto propongono il dibattito sul significato umano del silenzio e oltre a cercare una difesa tecnica vanno ad esplorare su possibili rimedi che il Giudice possa suggerire alla società per tentare di intervenire in una situazione umana difficile. La difesa si ammanta di compiti assistenziali che non le dovrebbero in teoria competere, ma cerca di vedere l'aspetto umano della vicenda e propone al Giudice un punto di vista differente da quello di semplice valutazione delle norme.
Riporto la memoria.
NOTE DIFENSIVE PER GIOVANNI SENZATERRA
Abbiamo potuto rilevare che Giovanni Lackland is a poor man devoid of every good and now depleted, compared with basic tools that allow the coexistence with other beings civilians.
During the proceedings, and in everything we do before we had made this clear as it was, in our case, a subject very poor and lacking any ability to earn a living.
fact he can not do anything. He has not learned nor art, nor any job, is unable to speak except with a few words rambling especially after drinking a glass of wine. In these cases, apart from saying bad words, one after another slips of sfondoni meaningless and these are the only occasions which is expressed by the other, otherwise he is very silent, beyond any possibility of interfering in his dialogue with himself for anyone you try.
We have often witnessed incidents of people who usually called him, "Hey, Zeus!" and he shut up without answering. Other episodes can refer, as sometimes even offensive expressions are addressed as "Cuckold!" impassive face and he did not even look.
The crime that is charged, however, is very serious and deserves particular attention to the fact as it appeared in the proceedings. The charge is attempted murder against Mr Ernesto Bianchetti, social worker who visited him and against which he would be reckless and would fiercely struck repeatedly, causing serious injuries. Our defense has highlighted as lacking in this case the subjective element of the offense is prosecuted, that is the will to commit the crime.
If John had a violent reaction, maybe something could have given. The prosecution, however, seems exaggerated, since it could move towards less serious cases from the beginning, given the speedy recovery of the injured and the lack of permanent results of any relevance. However the charge was meant to refer to the assassination attempt, and the process had run its course with this address, which us seems false start. However, it remains to show the will to commit the crime. The accused can not be said that he had that intention. Nor is it easy to get to understand something of his inner will,
because of his continuing silence and his almost complete inability to communicate with others.
Moreover, this state of closure to the outside world is undoubtedly due to the fact that John has been left without land and away from it. And no other property, is property, and mobile.
The fact that he had nothing in him has given the lack of any specific reference to this and his attitude may qualify as a refusal to dialogue with the outside world that is just put aside in moments of intoxication.
John Lackland is an expression of what the land is worth to people. If a person has no land to farm, may have nothing to say. Could you talk about self and others, of what he sees and what he feels, but this is meaningless for him, because it lacks any specific reference to things. The fact that he first, when he was something, was very talkative, it is significant how much importance he gave to his things.
On the other hand, his is a demonstration of how a man can easily lose touch with reality in which he lives when he loses his relationship with the earth. This is a fundamental aspect of human life because the relationship with the outside world seems to John to have lost all meaning, any valid content, so that he has lost value for the language itself. In relation to the earth was a simple man with his life and the meaning of their figures are similar. When that report have failed, he has lost the meaning of his existence. So this is his rejection of language as a desperate expression of distrust than half, the language that he can not return the lost goods, the relationship with the mother earth which is to break off and leave the helplessness against adversity of life.
We urge that it returns to King John at least a piece of land, so that he can also recover the speech. Otherwise, we do not believe that he never be released from this shutdown state itself.
A small piece of land, maybe a vase, would allow him to cultivate it and he would have something new to say.
is not that why we want to justify his present attitude, nor is this an argument for the defense, but goes further to seek a remedy to his way of relating with the world, it is certainly very unfortunate, because nothing even without a Man is always a good man and can live among other men, and can talk with others. But we want to understand how the deprivation of all good things have taken a John any security.
His life was tied to the land. It filled her with all its meaning. Now, without the land, John is like a chick who has lost touch with the hen lost prematurely.
Some might even say, a connection that may help to strengthen his character and to enable him to better deal with future difficulties without false security to which course to take.
But this argument, although it would be theoretically possible for many people, is not suitable in this case.
But it is true that John, private land, has almost lost the use of language. Which, as everyone knows, is the main instrument of social life. And lost the possibility of communications, which, as everyone knows, allow people to each type of trade.
Now, this defense of John wants to emphasize that the loss of language and communication has not been exclusive to the will of John. Certainly someone could say and argue instead that: "It had to react" and this is true. But if he has failed to fulfill a duty, this duty concerned himself first and then others.
Now if this was rather his reaction, like a great resignation, there were also others who had the duty to assist and help them get out of its crisis.
The authorities, now they want to condemn anche per il suo mutismo di risposta, dovevano aiutarlo a venirne fuori e a farlo parlare e, se non ci riuscivano, almeno a fargli cantare una canzone.
Niente di tutto ciò, ma nessun aiuto nemmeno dalle persone a lui più vicine.
Per tutti questi motivi, chiediamo che Giovanni Senzaterra venga assolto da ogni accusa che viene rivolta contro di lui e che, per migliorare le sue condizioni, gli venga restituito almeno un vasetto, di terra.
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The brief notes that follow are notes written notes taken from the defense.
-first record. MUST PUT YOUR FEET ON THE GROUND .
course we must find a way because our resume its contact with reality.
Descend from the trees where he has taken refuge will be very difficult, but we need him to do it, or any form of communication becomes highly unlikely. In fact there is a little in front of a singular case of a man who has suddenly found his form to paralyze any contact with the outside world and we can not easily understand the reason for this kind of alienation. What seems to us, however, that not much weight, while we all make much impression. The refuge has been found that apparently gives him some added security, and he prefers to burrow. But how will however continue to isolate that?!. The community should be alarmed by this behavior and should take measures so that the least harmful for all, for him as for those around him.
In practice, we ask that any body so deputed vigilant so that similar behavior may not have to bring serious damage to the community and the common feeling. Why, if everyone does not isolate itself and communicate with others, then there would be so many islands that maybe we would touch but always separated by deep pits and hard to fill.
And this should be avoided, while there is still time.
Why else would lose the meaning of the minimum living together. If we could all act as if we were isolated from each other, meaning that if the communication would not give the same and do not receive anything. It would lose all meaning even the memory of others, as well as the hope of meeting someone. The life of an island with no links would also be lacking any sense of love toward others, as well as all feelings in relation to the report.
Mankind is like automatons, indifferent and insensitive.
We must therefore put their feet on the ground of civic life and continue to use the string that vibrates in our being civil. To avoid this pitfall is spreading, to help King John put his feet on the ground, out of its isolation, to overcome the lack of communication.
-second record. SHOULD GIVE SOME 'OF THE EARTH.
This lack of land has a devastating effect in this case!
I can not understand why they feel so much need. After all, not be a primitive is not devoid of culture that gave him the present time, so it is difficult to understand this pathological sense of detachment that he felt as if he were a farmer from another era. Or as if it were a person who is unable to swim suddenly thrown into the water. He is far from the earth as if it were deprived of the necessities of life. But then the civilization and progress, and television and computers and machines and global communication and all the discoveries in what would be served if you can not live without contact with the earth? And if words are to him so useless, do not use them even more!.
This is the real disaster, the loss of communication.
At a time when we celebrate the triumph of the media, powerless sudden deficit of communication in a subject and realize that his fall so low is a source of discomfort but also necessary to determine the need for society judges and watch, leave a little perplexed. Of course, the community must find every possible form of protection from these cases, however, are deemed special cases, for which there is no danger of epidemic or something. However, the verdict should not be too severe and should not accentuate the loneliness and isolation in which the subject already is. On the other hand, the task of this defense is doing its utmost to find a mitigation of punishment which the subject will still be forced by his situation. Of course, this defense has a legal task, and you can not cover the tasks assigned to other social sciences have other roles. There can be transformed to the point sociologist in white or social worker. There is no preparation. You do not have the vocation. You do not have neither the vision nor the particular view. The legal horizon is different, perhaps more accurately, perhaps more confusing, but it is defined and determined by the rules and their interpretation. In the latter, interpretation, there can be no rapprochement with other horizons, but it is still true that the legal view of the facts and behaviors are related to the legal standards that govern it. And for the lawyer, this is a classic case of assistance in understanding the legal sense: that we call a measure of clemency review of the facts and all that returns d'autorità un pezzo di terra al soggetto. E' certo che noi così facendo ci stiamo spingendo anche in altri campi, ci stiamo occupando anche degli aspetti sociali del fenomeno, ma ciò non toglie che noi stiamo indicando una via prettamente giurisdizionale. La situazione porta il soggetto ad essere inevitabilmente oggetto di un giudizio da parte della comunità. Ma la necessità del giudizio non comporta come conseguenza che esso sia solamente severo.
Il giudizio della comunità deve è vero servire alla stessa per impedire e prevenire comportamenti ritenuti pericolosi, ed è secondo molti una forma di controllo che la comunità ha e deve mantenere per impedire che gli individui si spingano oltre certi limiti in danno degli altri. Ma se this is true, and if the proceedings with the community control individuals, we have confidence in a fair trial, free from prejudices, and which also serves to seek ways to avoid a future recurrence of similar events.
In this sense, we are confident that the accused be given a little ground so that he can gradually resume contact with it that we believe is essential for him to survive.
