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The Crime Stage of the Criminal Justice System: Where It All Begins

7/31/2012

6 Comments

 
As discussed in a prior post, the criminal justice system can be broken down into 6 stages.  Knowing what happens in each stage, and the people, procedures, and rights involved, is critical to understanding and writing about it.

The first stage is the Crime Stage.  This is basically when the crime occurs, and it is the key to any trip through the criminal justice system.

A crime may be instantaneous or it may be continuing.  Examples of instantaneous crimes are most murders or robberies.  A continuing crime, however, is usually a more complex scheme or criminal enterprise, such as a drug dealing operation or a ponzi scheme.

Generally, the people involved at the crime stage include the person or people committing the crime, the victims of the crime, and any witnesses to the crime.  If a police officer or federal agent is undercover, the crime could involve that person as well.

The setting for the crime stage can be literally anywhere, from a board room or bedroom to a back alley, outer space, or cyberspace.

An example of a movie that is entirely focused on the crime stage is Ocean's Eleven.  In that movie, the key characters are the criminals (led by Brad Pitt and George Clooney), as well as the target victim (Andy Garcia), and his casinos.  The majority of the movie is spent following the criminals as they recruit others to participate in and fund the crime, plan the crime, and finally execute it.  

The crime stage begins when the crime is committed or when the criminal scheme or enterprise begins.  It ends when the crime is completed or is stopped (by arrest or some other means).

In Ocean's Eleven, the movie begins at the beginning of the crime stage, with George Clooney conceiving of the crime, an extremely complex theft of a casino vault.  The movie ends after the crime has been completed.

(If you've never seen Ocean's Eleven, or don't own it, click on the pictures below to check it out.)
For more information, get your free eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama. 
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True Crime Book Explores Amusing and Dark Underside of Southern Life: "Midnight in the Garden of Good and Evil"

6/14/2012

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I recently read the true crime book, "Midnight in the Garden of Good and Evil" by John Brendt.  On some level, I hesitate to call this a true crime book because it is largely about other happenings in Savannah, Georgia.  But a core storyline of the book follows the multiple murder trials of an antiques dealer, Jim Williams, who shot and killed his young lover, Danny Hansford.
Jim Williams made a life and a fortune for himself buying and restoring historic houses in downtown Savannah.  Danny Hansford was a troubled young man who was sexually appealing to both men and women. 

Danny occasionally worked for Jim and had the run of his restored mansion filled with antiques.  Jim provided Danny with money, a car, and other material things.  Danny did not seem to have a problem with his position as Jim's semi-secret lover as long Jim kept Danny financed.

One early morning, in Jim's study, Jim shot Danny three times, killing him.  Jim reported the shooting to police.  He explained that Danny had shot at him first, and he fired back in self defense.

Jim Williams was charged with murder.  His four trials centered around the question of whether Jim had killed Danny in cold blood or whether he acted in self defense. 

The book is not very detailed or technical in its coverage of the trials, but you finish the book feeling like you understand why the outcome of each trial and appeal was what it was.  There is also enough information given to allow the reader to come to their own conclusions about what really happened the night of the shooting.  But there are still questions left hanging.

The non-true-crime parts of the book are equally interesting.  The author, John Berendt, tells the story of his part-time life in Savannah.  He encounters and befriends a variety of eccentric characters, including a piano-playing lawyer with a revolving door of friends and scams, a trash-talking drag queen, and a voodoo witch doctor.

The book was made into a movie, "Midnight in the Garden of Good and Evil," directed by Clint Eastwood, and starring John Cusack, Kevin Spacey, and Jude Law.

For an epilogue focusing on Jim Williams, and his non-fatal illegal dealings, check out "After Midnight in the Garden of Good and Evil."  Although not nearly as well-written as the original (and filled with typos), "After Midnight" is a short, quick read that fills in a few gaps and presents a different perspective.

(Click the pictures to check out the books and movie.)
Let me know what you thought about "Midnight in the Garden of Good and Evil."  And sign up for a free eBook on the Top 7 Mistakes Made by Writers of Crime, Mystery, and Legal Drama.
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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.

Sign up for a FREE eBook that reveals the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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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?

If you're a writer of filmmaker, get your free eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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When Love and Crime Collide: Some Classic Killing-Couple Films

2/14/2012

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In honor of Valentine's Day, here are a few movies about lovers committing crimes together.  Who says love and crime don't mix?  Click on the pictures to check out the movies you may have missed!

Bonnie and Clyde (starring Warren Beatty and Faye Dunaway)
Natural Born Killers (starring Woody Harrelson and Juliette Lewis)
True Romance (starring Christian Slater and Patricia Arquette)
Love and a .45 (starring Gil Bellows and Renee Zellweger)
Badlands (starring Martin Sheen and Sissy Spacek)
Gun Crazy (starring John Dall and Peggy Cummins)
And an honorable mention goes out to Thelma and Louise (starring Susan Sarandon and Gina Davis).  Although it's not technically a lovers-on-a-killing-spree movie, there's no doubt those BFFs loved each other!
For fun crime and criminal law content like this delivered to your inbox, join the Criminal Law Community.

Are any of your favorites here?  Did I miss any good ones?
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The Best Criminal Law Movies Ever

1/12/2012

1 Comment

 
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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Documentary Filmmaker Emphasizes Need to Understand Legal Background and Framework in Murder and Mystery Films

12/8/2011

2 Comments

 
Joe Bailey Jr., the director of an award-winning documentary, "Incendiary," told CNN that legal knowledge gave him confidence in the choices they made when making the film. 

Bailey's film, "Incendiary," explores the legal, scientific, and political impact of a Texas arson murder case.  Cameron Todd Willingham was executed in 2004 after being convicted of murder in the house fire deaths of his three young children.  The film questions the scientific accuracy of arson investigations and the legal ramifications of a death sentence.

Bailey describes the film as "equal parts murder mystery, forensic investigation and political drama.  What we found so fascinating about the case and the story was the way that law and science and politics collide in this story in a really kind of life and death struggle."

Bailey had a law degree, which he found helpful in exploring the case.  Despite his law degree, Bailey consulted with his wife, who is an attorney, as well as law professors, to help him understand and portray his subject in depth. 

"I feel that a lot of people who are making films about legal things occasionally get things wrong, and it's really frustrating," Bailey told CNN.  "But more often they'll gloss over the process and the legal meat of a subject because they're afraid of it."

That's the essence of why I consult with writers and filmmakers.  I remove the doubt and fear out of criminal law topics, and help you get it right.  You don't have to be a lawyer to create authentic and knowledgeable crime and legal projects.  But it helps to have a knowledgeable, experienced criminal lawyer in your corner. 

Contact me for a free initial consultation.  Or sign up to receive my FREE Writer's Guide:  Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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Film's Powerful Impact on a Real-Life Afghan Crime Story

12/2/2011

1 Comment

 
Afghan President Hamid Karzai pardoned an Afghan woman serving a 12-year prison sentence for having sex out of wedlock after she was raped by a cousin.  A judge had earlier offered to release her if she agreed to marry the rapist, but she refused.

The woman's story was highlighted in a European Union documentary on Afghan women jailed for so-called "moral crimes."  However, the European Union blocked release of the film because of fears the women featured in the film would be in danger if it were shown.

Even though the documentary film was blocked, the Afghan woman's case drew international attention to the plight of many Afghan women 10 years after the overthrow of the Taliban.  Half of the women in Afghan jails are victims of rape or domestic violence.

The woman's attack (and crime) was only brought to light because of the resultant pregnancy.  She had the baby in prison and began raising her in prison, which is common for women inprisoned in Afghanistan.

More than 5,000 people recently signed a petition urging Afghan President Karzai to release the woman.

On Thursday, Karzai's office said in a statement that Karzai had agreed to pardon the 21-year-old woman.  Initial reports were that the pardon was based on the woman finally agreeing to marry her attacker.  Today, however, the woman's attorney stated that the woman would not have to marry her attacker as a condition to being freed.
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"J. Edgar" Movie Explores J. Edgar Hoover's Personal and Professional History

11/21/2011

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The movie "J. Edgar" depicts J. Edgar Hoover's immense impact on the FBI over his decades heading the bureau.  When Hoover began at the FBI, it was a hapless organization where agents couldn't carry guns and fingerprinting had yet to gain acceptance as a science.

When Hoover was put in charge, he insisted that agents be college-educated and clean-cut.  He focused the FBI's efforts on scientific examination of crime scenes.  He made crime scene investigation a scientific and rigorous endeavor.  He believed, correctly as it would turn out, that scientific examination of a crime scene could lead to identification of the criminal.  He collected fingerprints from around the country into a centralized database to enable better matching and identification.

The kidnapping of Charles Lindberg's baby is depicted in the film.  It was the most popular crime of its time, every twist and turn followed by the entire nation.  Hoover used new scientific crime-fighting technologies to help solve the crime.  He matched the wood of the ladder to a particular lumbar company and  he used  a technique that seems obvious today but was revolutionary for it's time -- marking money that was used for a ransom payment.  The marked money could be traced later when it turned up in local stores.

The movie also shows Hoover's complex personal life.  Hoover fought his emotional demons about as strongly as he fought criminals.  He couldn't accept that he was gay and lived his life chaste, spending most of his time with his closest friend and assistant.  He had an extremely close relationship with his mother and was devastated when she died.  He was also prone to taking credit for others' accomplishments and relished power and the spotlight.

There's no doubt that J. Edgar Hoover transformed the FBI, creating a world-renown and respected law enforcement organization.  Its high reputation carries on today.  The movie did a good job depicting his critical role in shaping the future of criminal investigation.
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One of the Best Courtroom Drama Scenes Broke the Rules

10/19/2011

2 Comments

 
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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    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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