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Portrayal Of the Legal System In Modern Film
by Lewis Robinson
Legal matters are contentious and often involve facts and circumstances that can make good drama. Many movies have been made that have scenes involving a courtroom drama. Some films work hard to be an accurate depiction of what would happen in a courtroom while others are more concerned about the overall storyline. What happens during the judicial process is far less exciting than what gets shown in movies. Here are some legal issues raised in films with a comparison of what would happen in a real court case.
Out Of Control Witness
Many films have some kind of dramatic interaction between the attorney and a witness who the attorney is questioning. These depictions usually show witnesses who turn the table and either provide information that is not being asked or start asking the attorney questions. In the movie A Few Good Men, Jack Nicklaus is being questioned by Tom Cruise when he starts to hijack the testimony by asking Cruise questions. Nicklaus also attempts to change his testimony while on the stand. Cruise threatens to have the transcript read to point out the inconsistencies. As Nicklaus' testimony wraps up he has one of the most famous witness outbursts of all time.
In reality, most judges would not allow a witness to ask the attorney questions from the witness box. The witness would be directed to answer the questions and threatened with contempt if they did not behave themselves. Outbursts by the witness would not be tolerated. A jury would be instructed to disregard any outlandish behavior and a mistrial might be ordered in an extreme case. Attorneys rely on court reporters in Sacramento to make an accurate record of the testimony during a trial. However, it is unlikely that an attorney would request that the transcript of someone's testimony be read back to them during the trial.
Expert Testimony
In many dramatic cinematographic scenes, there is an expert witness who gives damning testimony for one side. In My Cousin Vinny, Joe Pesci relies on the testimony of his girlfriend, Marissa Tomei, as expert testimony for the defense. Not only does Tomei not have any documented credentials, but her testimony was not disclosed before the trial.
The depiction of Tomei being qualified as an expert witness for the defense is not very realistic. Her relationship with the defense attorney would be viewed to taint any of her opinions. Most jurisdictions require expert witnesses to be disclosed before the trial so that they can be vetted and the other party can depose them. The parties would have an opportunity to review the expert's credentials so that challenges could be made to their expertise. The judge would not allow a surprise expert witness to testify, especially one that was the defense attorney's girlfriend.
Irrelevant Information
Movie scenes often involve a wild scenario where a character veers off into a personal story to make a point. In Legally Blonde, Reese Witherspoon is questioning a witness when she launches into a story about her sorority sister who got a perm in her hair. The dialogue brought the story back so Witherspoon could make her point on cross-examination.
In a real courtroom, a judge would not allow an attorney to veer off on a tangent. Judges require the witness testimony and questions of the attorneys to be relevant to the facts of a particular case. Making points by way of analogy may be permitted in a closing argument, but would not be permitted while cross-examining a witness.
Conclusion
Movies thrive on the element of surprise to create dramatic scenes in the courtroom. In a real courtroom, the parties have already exchanged information through the pretrial and discovery process. The judge and the parties have a general idea of what witnesses will say when questioned. Courts are rooted in law and procedural processes that only allow the parties to take certain actions at certain times. The gotcha moments that are typically portrayed by filmmakers rarely occur.
from Review Blog - Every Movie Has a Lesson https://ift.tt/3oPNHYC
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