Tried and Convicted: How The Writing Journey Tracks The Criminal Procedure Process

By Virna De Paul

What do criminal prosecutors and romance writers have in common? You’d be surprised. Neither can control their “wins.” While talent, preparation, passion and integrity may help, it won’t insure a guilty verdict or publication. In addition, many stages of criminal procedure mirror the writer’s journey. Don’t believe me? You be the judge. (LOL.)

Detention: An investigatory stop based on reasonable suspicion.

Writers who fear imperfection get stalled. This is why I wrote three pages and then nothing else for seven years. Don’t be detained by fear.

Just write. Don’t worry that it’s not perfect, that you haven’t taken every writing class available, or that you haven’t plotted out every aspect of the book. Imperfections can be revised. Craft can be learned. And the best writing happens when you least expect it.

Arrest: When probable cause leads a defendant to be placed in custody.

Arrest is when the writing bug takes custody of you, body and soul. It was when I finally realized I needed to stop making excuses and do whatever it took to be a writer.

Writers write despite having kids and jobs and insecurities. They make it a priority. They give up TV and wake up at 2 am if they have to. Because they have to.

Arraignment: When the defendant pleads guilty or not guilty.

A writer must decide whether writing is a hobby or a career. Once I committed myself to writing, I wrote every day. I joined a critique group, RWA, and any chapter within 2 hours driving time. I entered contests. I pitched my wip to an editor. This was all within 3 months.

Be bold and (occasionally) be guilty of breaking the rules. During my pitch at a conference in Calgary, I brought my first 25 pages along “just in case,” despite conventional wisdom against that idea. The editor loved them. She was instrumental in giving me the confidence to finish my ms and query my agent.

Preliminary hearing: Where the prosecution first proves there is sufficient cause to try the defendant.

For writers, this is when you let someone, whether it’s your critique partner, a contest judge, or an agent or editor, read your writing for the first time. They will help you find the weaknesses in your story. And you will prove to yourself that you can grow and make it in this difficult industry.

Don’t hide your writing away. Submit requested material. Enter contests (just be prepared for contradictory comments). Write to be read. That’s the point, isn’t it?

Motion to Suppress Evidence: An attempt to keep allegedly unlawful evidence away from the jury.

Writers get critical feedback and must decide what to do with it. Whose advice do you take? I give extra consideration to feedback that I am most resistant to.

If you are resistant to constructive criticism, consider why. On the other hand, don’t change something out of hand. Don’t eliminate “you” from your writing. Make a well-reasoned decision and take responsibility for it.

Trial: Trying to prove beyond a reasonable doubt that a defendant is guilty.

The writer’s trial is to tell the best story she can. She does so knowing that it will be judged, not only by professionals, but by her family and her peers.

A trial is an adversarial process. Sometimes writing feels that way. But your goal is always to get to “the end,” and then to do more. To revise. To polish. To perfect your “closing argument” (ie., your pitch). And to do this as many times as it takes.

The Verdict: The jury decides if the prosecution has proven the defendant’s guilt beyond a reasonable doubt.

A writer’s work will always be judged, for good or bad, hopefully by a lot more than 12 people. Verdicts don’t always make sense. An editor can love your voice and your plot, but still not buy your book. Or you may make that first sale, only to get panned by reviewers.

My favorite piece of advice is a quote from Samuel Beckett, which I got on one of Margie Lawson’s colorful stars:  “Try again.  Fail again. Fail Better.”  When it comes your time to be judged, know that you wrote the best book possible and be proud of it.

So I don’t know if I’ve convinced you of the similarities between writing and criminal law, but I do hope I’ve provided some good information and inspiration. Best of luck on your writer’s journey. I hope to see you along the way.