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Recommended Legal and Crime Drama and Comedy Movies

8/10/2012

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I am developing recommendation lists of the best all-time legal movies (drama and comedy), best crime movies, best legal and crime TV, best legal and crime novels, and best true crime books. 

This is a work in progress, but I wanted to post the movies I have listed so far.  Check it out:  Best Legal and Crime Movies

Feel free to let me know your thoughts on my lists, and let me know what your favorites are!

Also, get your free eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery, and Legal Drama.
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When Jurisdictions Collide: A "Criminal Minds" Episode Shows the Difference Between Federal and State Jurisdictions in Criminal Investigations

3/27/2012

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When it comes to investigating and prosecuting crime, federal and state agencies are parts of separate governments.  Each state is also separate from all the other states.  These are called jurisdictions. 

The federal government is limited in what crimes it is allowed to investigate and prosecute.  There must be federal jurisdiction before the federal government can get involved.  Most street crimes, like murder, do not involve federal jurisdiction. 

The federal government may have jurisdiction if an otherwise state crime occurs on federal property, or involves federal officials, or crosses state lines.

The states and federal government also have separate law enforcement and prosecutorial agencies.  At the federal level, the FBI and U.S. Attorney's Office are primarily involved in investigating and prosecuting federal crimes. 

Each state has state law enforcement officers, as well as local city police departments and county sheriff's departments.  Most states also have state attorneys general, district attorneys, and city attorneys who prosecute state crimes.

Often in movies and TV shows, the local police department will get offended when the FBI comes into their jurisdiction.  The show "Criminal Minds" handles this issue regularly.

Criminal Minds follows a team of FBI profilers who help track and catch serial killers.  Most episodes have the team called in by a local police department that needs the team's expertise on recent crimes. 

The agent in charge of the Criminal Minds profiling team often stresses the importance of being invited by the local police department and working cooperatively with them once there.  This is because the FBI generally has no jurisdiction to investigate local murders, even multiple murders.  The FBI, as a federal agency, has limited jurisdiction to investigate federal crimes. 

The specialized profiling team on Criminal Minds, therefore, would generally analyze evidence from their unique perspective and help educate the local police department about the person they are looking for.

One episode of Criminal Minds (Season 2, ep. 22 “Legacy”), helps show this concept and demonstrates the difference between state and federal jurisdictions.   
Detective McGee from the Kansas City Police Department contacts the Criminal Minds team for help when he believes at least 63 homeless people have disappeared.  Because these people have not turned up dead and no one has reported them missing, however, there are no open files and no active local investigation into the matter. 

The following conversation takes place about the FBI team's ability to work on the case:
AGENT HOTCHNER:  Simply being gone isn’t a federal issue.

AGENT GIDEON:   We’re gonna need an official invitation into your jurisdiction.

DETECTIVE MCGEE:  An official?

AGENT HOTCHNER:  Police chief, chief of detectives.  It has to come down from the chain of command.  We have no authority to look into this.

DETECTIVE MCGEE:  Um, I don’t know that I can do that.

AGENT HOTCHNER:  Unless we’re officially asked, we can’t help you.

AGENT HOTCHNER:  Jurisdictional issues aren’t open for debate.  Sorry.  It’s out of our hands.

AGENT JAREAU:  Hotch, there could be 63 victims here.

AGENT HOTCHNER:  Well, I suppose you and I could go back with the detective and talk to his commanders.  Try to impress upon them the serious implications.

DETECTIVE MCGEE:  Thank you.

AGENT HOTCHNER:  If we get an invitation, we could send for the rest of you.  I just don’t want to give the appearance that we’re running over them.
Upon unofficially reviewing some of the evidence and recognizing a potentially serious threat, Agent Prentiss expresses frustration at the team’s hands being tied because of jurisdictional concerns.  Agent Morgan reminds her, “If we don’t follow the city’s jurisdiction, no one’s ever going to ask us for help.”

These scenes demonstrate how delicate the balance of power between different law enforcement agencies can be.  It also exemplifies the limited role of the federal government when it comes to investigating and prosecuting crime.  Unless there is some federal aspect of the case that gives the feds jurisdiction, they have no authority.

Later in the episode, when Agent Hotchner meets with the detective’s commander, the commander declines the FBI’s help, claiming there is no case to investigate.  He does not consider the unexplained and unreported disappearance of several homeless people a crime. 

It is then discovered that a taunting letter from the potential suspect was mailed to Detective McGee from Kansas City, Missouri, whereas the people went missing from Kansas City, Kansas.  This interstate communication gave the FBI jurisdiction to investigate the crimes on their own without invitation from the local authorities.

In this scenario, both the federal government and the local authorities had jurisdiction to investigate the same crimes.  This is called concurrent jurisdiction. 

Bank robbery and drug sales are common areas of concurrent jurisdiction, where both the federal and state governments have jurisdiction.  And since the federal and state governments are separate governments, each could potentially prosecute the suspect once he was caught.  Typically, however, someone is only prosecuted by either the state or the federal government, even where both have jurisdiction. 

As a side note, the U.S. Constitution’s Double Jeopardy Clause does not forbid both the federal and state governments from prosecuting the same person for the same crime because they are separate sovereigns.

(click picture to check out Criminal Minds on DVD)
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Best Quotes from Legal Movies?

3/9/2012

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The editors of Bloomberg Law posted a poll to rank the top ten greatest quotes from legal movies.  They range from funny to moving to inspiring, and come from all kinds of legal movies throughout the years.  Here are a few of their top picks in no particular order:

The Firm (Tom Cruise, Jeanne Triplehorn)
“I discovered the law again.”

Erin Brockovich (Julia Roberts, Academy Award Winner)
“I hate lawyers; I just work for them.” 
(A common sentiment among legal secretaries and paralegals!)

To Kill a Mockingbird (Gregory Peck, Academy Award Winner)
“Stand up — your father’s passing.”
This is the book and film that inspired generations of lawyers to do what they do.

A Few Good Men (Jack Nicholson, Tom Cruise, Demi Moore)
“You can’t handle the truth!”
(Check out my article about how that scene broke trial procedural rules, but the film maintained its authenticity.)

My Cousin Vinny (Joe Pesci, Marisa Tomei (Academy Award Winner), Ralph Maccio)
“Everything that guy just said is bullshit.  Thank you.”
(The best legal comedy in my book!  And a great example of how a film can be procedurally realistic and incredibly entertaining.)

The Verdict (Paul Newman)
“You are the law.”

Was your favorite film and line here?  If not, please share your favorites!  Check out a video compilation of the top ten here.

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Oscar Best Picture Winners: 18 Crime and Legal Genre Films

2/24/2012

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When done right, crime and legal films can be award magnets.  They are common Oscar contenders.  Here are the crime and legal movies that have won the Academy Award for Best Picture over the years (click the pictures to check out the ones you haven’t yet seen):
No Country for Old Men – 2007
Based on the novel, a man finds two million dollars after a drug deal gone bad and flees a hit man trying to recover the money, with the sheriff close behind.


The Departed
– 2006
An Irish Mob boss plants an informant in the Massachusetts State Police while the police send an undercover officer to infiltrate the Mob.  Both sides discover the other’s scheme, and each try to learn the other’s identity before his own cover is blown.

Crash – 2005
A story of racial and social tension, several characters' stories interweave during two days in Los Angeles, including a black LAPD detective estranged from his mother, his criminal younger brother and gang associate, the white District Attorney and his irritated and pampered wife, a white racist police officer who disgusts his more idealistic younger partner, and an African American Hollywood director and his wife who must deal with the racist officer.

Chicago – 2002
A musical crime movie about two women convicted of murder trying to save themselves from their death sentences.



The Silence of the Lambs – 1991
(My personal favorite and only the third movie in history to win in all five major Oscar categories – best picture, director, actor, actress, and screenplay.)
Based on the novel, an FBI trainee gains the trust of a brilliant institutionalized serial killer to help the FBI catch another active serial killer.

Kramer vs. Kramer – 1979
Based on the novel, the film depicts a couple’s divorce and its impact on everyone around them.




The Godfather Part II
– 1974
This film depicts the rise to power of Vito Corleone and chronicles the Corleon family’s story after the events in The Godfather (see below).



The Sting
– 1973
A crime comedy following two professional conmen who try to scam a mob boss.




The Godfather
– 1972
Based on the novel, this film tells the story of the Corleone crime family.




The French Connection
– 1971
The film tells the story of two real NYPD detectives and revolves around the smuggling of narcotics between France and New York.



Oliver!
– 1968
A musical that in part follows the adventures of a band of pick-pockets.




In the Heat of the Night
– 1967
Based on a novel of the same name, this is the story of a black Philadelphia police detective (Sydney Poitier) who becomes involved in a murder investigation in a racist small town in Mississippi.


West Side Story
– 1961
A musical gang film based on the Broadway musical of the same name.




On the Waterfront
– 1954  
A Mob film about union violence and corruption among longshoremen.  With Marlon Brando.




All the King’s Men
– 1949
The rise and fall of a self-taught lawyer who became a corrupt politician and eventually discovers he can’t buy his way out of everything.



Casablanca
- 1942
Set in World War II, Casablanca was the portal for Europeans fleeing the Germans and trying to get to the United States.  Many famous quotes come from this film, including, "Round up the usual suspects."


Rebecca
– 1940
Alfred Hitchcock’s first American film.  An intense psychological thriller starring Laurence Olivier.



Mutiny on the Bounty
– 1935
Based on the Charles Nordhoff and James Norman Hall novel, the film is a fictional chronicle of the real-life mutiny against Captain Bligh.
 
 



 
I have to admit I haven't seen all of these.  Which are your favorites?

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The Best Criminal Law Movies Ever

1/12/2012

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The American Bar Association's ABA Journal recently made a list of the 25 Greatest Legal Movies according to its panel of attorneys and law professors who regularly comment on law in the media.  Most of the films on the list are crime and criminal law movies.  Many are award-winners.  So, here are some of the top crime and criminal law movies ever. 

If you haven't seen some of these classics. or don't have them in your film library, click on the pictures to purchase a copy.  Watching great films is an excellent way to get motivated on any project you may be working on (or putting off)!

To Kill A Mocking Bird
12 Angry Men
My Cousin Vinny (which I selected as my favorite legal comedy ever)
Anatomy of a Murder
Inherit the Wind
Witness for the Prosecution
Presumed Innocent
A Few Good Men  (Check out my discussion of how this film broke the rules without losing credibility.)
Chicago
Reversal of Fortune
Compulsion
And Justice for All
Young Mr. Lincoln
Amistad
Some honorable mentions include:

The Accused
Beyond a Reasonable Doubt
The Client
Ghosts of Mississippi
Jagged Edge
JFK
Legally Blonde
The People Vs. Larry Flynt
Primal Fear
A Time to Kill
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Supreme Court to Decide Case About Eyewitness Identifications

11/3/2011

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Yesterday, the United States Supreme Court heard oral arguments in a case where the question is whether an eyewitness identification of the defendant should have been allowed in court. 

Eyewitness identifications are often believed to be among the strongest evidence possible.  If someone says they saw the defendant commit the crime, chances are most people will believe the defendant is guilty. 

Eyewitness identifications are also a common point of drama in crime stories.  A witness looks the defendant in the eye, points from the witness stand, and says, "He's the one.  I'm sure of it."

However, many studies have found that eyewitness testimony is notoriously untrustworthy.  Of 250 exonerations based on DNA evidence, 190 prisoners had been convicted based on mistaken eyewitness identifications. 

That said, identifications are generally only kept out of court when the police used unduly suggestive tactics to get the witness to identify a particular person.  Otherwise, traditional trial protections, such as cross-examination, expert testimony, and jury instructions, are relied on to protect against a jury wrongfully convicting someone based on a faulty eyewitness identification. 

Whether that will continue to be the case will be decided soon by the U.S. Supreme Court in Perry v. New Hampshire. 
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One of the Best Courtroom Drama Scenes Broke the Rules

10/19/2011

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Knowing the rules of criminal law is essential to creating a piece with authenticity.  However, that does not mean that the rules must always be followed.  Breaking the rules for the sake of drama is perfectly acceptable and often necessary to create a compelling story.  The key is to first know what the rules are, so you can then make an intelligent decision about how and when to break them.

One of the best courtroom drama scenes in movie history broke the rules and did it in a way that did not take away from the film's authenticity.  Remember this exchange?

        Witness:  You want answers? 
        Attorney: I think I'm entitled to. 
        Witness: You want answers? 
        Attorney: I want the truth! 
        Witness: You can't handle the truth!

Of course, this is the height of drama in the courtroom scene of A Few Good Men.  This is the culmination of an epic battle between Tom Cruise as the defense attorney and Jack Nicholson as the witness. 

This exchange is followed by a long recitation by the witness about the importance of the military to our ordered society even though we sometimes do not like the way they conduct their business. 

This scene breaks the rules because trials are conducted in a question-and-answer format.  The lawyer asks questions, and the witness answers.  Here we have the opposite.  The witness is asking questions and the lawyer is answering.  Then the witness gives a long speech that is not in response to any question.  (The objection there would be "nonresponsive" or "no question pending.")

However, it works for the story here because Tom Cruise's character is trying to push Jack Nicholson's character to admit that he gave the order that killed the victim and is therefore responsible for the death.  It's an important reveal for the witness to explain why he does what he does even though most people would consider it "wrong." 

More importantly, the movie can break these rules for the sake of drama without losing credibility because most of the movie is very authentic.  There is an understanding of the way criminal cases and trials really operate that pervades the entire movie.  That kind of authenticity throughout the story permits the knowledgeable viewer to forgive the occasional rule being broken.  Especially when the result is such great drama!

The lesson is that breaking the rules doesn't take away from credibility when it is done conscientiously and with an understanding of the choices you are making.
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Michael Jackson Death Case Shows Why Suspects Shouldn't Talk

9/27/2011

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There is something that always happens in legal dramas, but almost never happens in real life.  A suspect has a lawyer.  The lawyer and suspect agree to talk to the police.  The suspect gives damaging information or outright confesses with the lawyer sitting right there, saying nothing, or even nodding in assent.

This almost never happens in real life because criminal defense attorneys know that whatever the suspect says will later come back to bite him or her.  When the police warn a suspect that "anything you say can and will be used against you in a court of law," they mean it.  And defense attorneys know that.

Generally, if a suspect agrees to talk to the police, it is before he has a lawyer.  Police rarely even try to talk to someone with a lawyer because they know the answer is likely to be, "no."

Dr. Conrad Murray, who is on trial in Michael Jackson's death, and his attorneys did not follow this general rule.  Two days after Michael Jackson's death, when there was wide speculation in the media that Dr. Murray was hiding and may have been involved, Dr. Murray and his attorneys agreed to speak to the police.

The prosecution's opening statement today capitalized on Dr. Murray's decision to speak to the police.  The prosecutor played clips of the recorded interview for the jury.  He showed quotes from the interview on a screen.  The prosecutor used Dr. Murray's own words against him to show his lack of credibility.

The lesson here is that it is almost never a good idea for a potential suspect to talk to the police, no matter how often they do so on TV.
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Best Serial Killer Movie (and Book) Ever!

9/13/2011

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"Hello, Clarice."

Dr. Hannibal Lecter's chilling greeting to Clarice Starling is etched in the memory of anyone who has seen the award-winning film, The Silence of the Lambs.  Although this is not a legal drama, in the sense that there is no courtroom action or lawyerly wrangling, it is an excellent, suspense-filled movie in the broader crime genre.

The movie faithfully creates the world and story imagined by Thomas Harris.  A young FBI trainee is sent to gather information about a currently-active serial killer, Buffalo Bill, from a manipulative, experienced, and frightening serial killer known as Hannibal the Cannibal. 

The relationship of mutual respect and qui pro quo that develops between Agent Starling and Dr. Lecter is at the heart of the emotional story, as the FBI uses Dr. Lecter's information to hunt down Buffalo Bill.
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    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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