A recent Grey's Anatomy episode, "Sorry Seems to Be the Hardest Word" (season 10, episode 9), made it clear that the show should stick to medicine and stay out of the courtroom.  Or at least hire a legal consultant when a storyline turns legal.

In the episode, Calley went to trial in a medical malpractice case.  The mistakes throughout the episode were many and cringeworthy. 

To start with, a period of four months supposedly passed between the time of the act of malpractice (a hip replacement surgery that ended with both legs amputated from an Olympic snowboarded) to the time of trial.  Four months!  Anyone who has had even the slightest interaction with America's court systems knows that nothing moves that quickly.  Least of all a civil lawsuit involving detailed medical information that goes to a jury trial.  Four years would be slightly more realistic.

But, I understand there are more important time needs in the story, so I'll move on.  An even more flagrant problem, and one that had no requirement in teh story, was the confusion between a civil lawsuit, which this was, and a criminal prosecution, which this wasn't.  The writers do not seem to understand something very basic that most Americans should know about their legal system.

There are two completely separate and different legal systems in our country.  Civil cases are where people (or corporations or governments) sue other people (or corporations or governments) for some wrong.  If the person suing (plaintiff) wins, they are usually awarded money.

Criminal cases are where the government (and only the government), whether state, city, or federal, charges someone with a crime.  If the government wins, the defendant might be fined, and/or be sent to jail or prison, or in some cases even be put to death.

The terms used in each of these two systems are often different.  And this is where Grey's Anatomy got so embarrassingly off-track.  After the plaintiff's attorney finished questioning a witness, he exclaimed, "The prosecution rests."  Since this was a civil lawsuit, there was no "prosecution."  There was only a plaintiff. 

SPOILER ALERT  At the end, when the verdict was read, the jury foreperson announced, "Not guilty."  Again, since this was a civil suit, no one could be found guilty or not guilty.  Those terms are only used when someone has been charged with a crime.

There were several more minor errors throughout the show.  Most of these problems could have been easily corrected by having a legal consultant read through the script and/or be present for filming. 

The result of so many basic and easily-fixable errors was that the show looked poorly researched and inauthentic.  If their medical errors are as bad as their legal ones, I have to seriously question this show's credibility.  Not that a medical or legal show has to bee 100% accurate, but such basic mistakes can seriously undermine the show.

To avoid similar mistakes, get your free writer's guide revealing the Top 7 Mistakes Made by Writers of Crime, Mystery, and Legal Drama.

I am going to be speaking on a "Law and Disorder" panel at the upcoming Great American Pitchfest.  The panel, like most of the other classes, is completely free.

The Pitchfest is aimed at screenwriters, but the Law and Disorder panel is applicable to anyone who writes in the genres of crime, mystery, thriller, or legal drama.  I understand that a veteran detective and an ex-con will be on the panel with me, so it should be a lively and well-rounded discussion. 

The pitchfest is an all-weekend event.  For more information on this excellent resource and opportunity for screenwriters, check out the event site.

Details
The Law and Disorder panel will be:
Saturday, June 1, 2013
9:00-10:30 a.m.
Marriott Burbank Hotel and Convention Center
2500 N. Hollywood Way
Burbank, CA 91505

You can RSVP for this free class here.

If you will be in the Los Angeles area, come watch the panel and learn a little something.  If you come, be sure to say hello!

Sign up for my free eBook revealing the Top 7 Mistakes Made By Writers of Crime, Mystery, and Legal Drama.

This is an almost daily scene in television and movies:  An undercover police officer begins discussing an illegal transaction with a known criminal.  The criminal asks, "Are you a cop?"  Of course, the police officer says he is not.  The criminal is satisfied, and they conduct their illegal transaction.

In real life, if an undercover police officer is asked whether he or she is a cop, do they have to tell the truth?  The short answer is no. 

Police officers are allowed to lie to suspected criminals.  The police officer who lies and says he is not a cop will not get in trouble, and any evidence he collects as part of the undercover operation can be used in court.

I have sometimes been asked, isn't it entrapment when a police officer lies and says he is not a cop?  Again, the answer is no. 

Entrapment generally occurs when a police officer (or other government agent) induces the defendant to commit a crime he would not have otherwise committed.  Simply providing someone the opportunity to commit a crime is not entrapment.  Certainly telling someone that he or she is not a cop would not induce someone to commit a crime they would not have otherwise committed.

So, why do television shows and movies always do this?  I don't have a good answer for that.  Maybe it's an easy way to show the criminal is suspicious of the undercover cop.  Maybe it's laziness or ignorance on the part of the writers.  One thing is for sure:  it is overused and suggests an incorrect legal standard.

For more information like this, check out a free ebook revealing the Top 7 Mistakes Made by Writer of Crime, Mystery, and Legal Drama.

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. 

When you are in the criminal justice system or you are writing about the criminal justice system, it is helpful to know what stage of the process you are in.  Different things happen at different stages, and you should know where you are at any given time.

I have broken down the criminal justice system into 6 basic stages.  I will give a brief synopsis of each stage here.  I will go into each stage in greater detail in future posts.

1.  Crime Stage - This is where the crime occurs.  Crimes may be instantaneous, like a shooting, or may be ongoing, like a sophisticated ponzi scheme.

2.  Investigation Stage - This can occur simultaneously with an ongoing crime.  In most cases, the investigation phase happens after the crime has been committed.  An arrest usually happens during either the investigation phase or charging stage.

3.  Charging Stage - After an investigation is complete, a prosecutor must decide whether to bring charges, who to charge, and what crimes to charge.  This is an important step because it turns a suspect into a formally charged defendant and triggers certain constitutional rights.

4.  Pre-Trial Stage - Once a defendant is charged, the pre-trial stage begins.  The defense attorney will review the prosecution's evidence and may bring motions, such as a motion to dismiss or a motion to suppress evidence.  Witnesses are interviewed and prepared for trial.

5.  Trial Stage - This is where the fun happens.  Most trials are in front of juries, although a judge can hear trials too.  It's up to the defendant.  The prosecution has the burden of proof and will try to introduce evidence to prove the defendant guilty.  The defense need not introduce any evidence.

6.  Post-Trial Stage - After a defendant has been convicted at trial, there are a slew of things that can happen.  Sentencing happens in every case.  The defendant may also bring a new trial motion.  The defendant can appeal, file a petition for a writ of habeas corpus, or petition for clemency or a pardon.

Each of these phases has its own unique challenges, goals, rules, and rights.  I will develop each in more detail in future posts. 

A fictional crime story may take place in one, some, or all of these stages.  Whichever stages your story takes place in, it's critical to understand the rules and purposes of those stages.  I hope you will find this to be a helpful guide on your journey.

In the meantime, make sure to sign up for the FREE eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.