ONE GAVEL
Idiocracy (2006) (Bobby Layne) (1 point)
THE VERDICT: A movie about the dumbing-down of society unknowingly contributes to the cause. The ridiculous, pointless courtroom scene is a poor fit for the category among the other selections.
Scene quality was good.
OVERALL REALISM: There’s no point in the rest of my breakdown, as this will take care of everything. “Idiocracy” is a science fiction film by Mike Judge about the United States of 500 years from now, where everyone in society has become profoundly stupid. Unfortunately, in a bit of an irony, or perhaps in a fitting piece of congruence, Judge’s film is pretty dumb too. The entire thing, including the courtroom scene, is a fantasy, and a dumb one at that, so there are no points for realism. I get the rationale for the pick, but stacked up against some of the titans of the courtroom genre, this doesn’t fare well, to put it mildly.
[SIZE=12pt] FOOTNOTE: This is one of those satirical films that completely forgets to be funny or even thought-provoking. I’m sure that there’s a way to portray a dysgenic society, and even comment on our own deteriorating intellectualism via allegory, through a cleverly presented film, but this certainly isn’t it. [/SIZE]
Liar Liar (1997) (“hooter311” played by Karma Police) (2 points)
THE VERDICT: Goofy comedy is a good movie but with realism as the watchword, this choice is sentenced to hard labor.
Scene quality was excellent.
OVERALL REALISM: Very, very little. I like this movie a lot and this scene is quite funny, but it suffers from numerous problems, starting with the fact that in a case like this, any lie that Carrey’s client told about her age would have been discovered loooooooooong before trial. This is, incidentally, one of my biggest pet peeves about movie courtroom scenes (more in the civil context than in the criminal): when a sudden! Piece! Of new evidence! . . . just turns up and everyone acts like that’s the end of it because, well, the script says so. It’s lazy legal writing at its worst.
LEGAL REALISM: The argument that Jennifer Tilly would not have been able to enter into a pre-nup while a minor actually has some plausibility. The presentation, of course, is beyond preposterous, but hey, it’s a comedy.
ATTORNEY REALISM: Since this isn’t to be taken seriously, it’s hard to comment. I still think this is Carrey’s best career movie performance, though.
WITNESS REALISM: Fine. I like the part how Tilly’s character is persuaded to tell the truth about her weight.
JUDGE REALISM: Actually, even in the midst of the frenetic Carrey comedy, Jason Bernard as the trial judge maintains realistic reactions. He had plenty of practice, as he played judges quite frequently on television over the years. Sadly, he died just after filming concluded.
[SIZE=12pt] FOOTNOTE: Good movie, ill-fitting selection based on the announced criteria.[/SIZE]
The Shawshank Redemption (1994) (higgins) (3 points)
THE VERDICT: A great film and, of course, completely revered around these parts, but this isn’t an outstanding courtroom scene, just a solid one. Scene quality was good.
OVERALL REALISM: The selected scene, which is basically the film’s opening sequence, combines the cross-examination of Andy Dufresne by the prosecutor, a portion of the prosecution’s closing argument, and a brief snippet of Andy being sentenced by the judge. One troublesome aspect in evaluating this for realism is that it takes place in Maine in 1947, making modern-day comparisons a bit more difficult. This also creates an irony, noted below.
LEGAL REALISM: Although the scene doesn’t tell us anything about Dufresne’s circumstances, we learn those later. One thing that knocks the scene down a couple of pegs is that Dufresne’s lawyer fails to object to the badgering questioning by the prosecutor; instead, Andy meets it with steely-eyed conviction and unwavering, even unblinking steadfastness. This serves the story but doesn’t really create a terribly realistic feel, although it could be argued that (like Meryl Streep’s character in “A Cry in the Dark”) Andy is just exhausted by the entire process and resigned to leave his fate in the hands of the jury. There are certainly criminal defendants who take that attitude, although I can’t say I’ve seen too many facing life imprisonment who do so.
ATTORNEY REALISM: The prosecutor is just too sneering and condescending for my taste; in many modern urban jurisdictions, some jurors would find that off-putting (particularly from a representative of the government) and decide against that attorney right then and there, just to teach him or her a lesson. It’s not right or rational, but it happens, and so the attitude of a prosecutor in a situation like this has to be approached with extreme care. It’s not blatant, but it does grate just enough to diminish the scene. I’m still wondering where Andy’s lawyer was, too.
WITNESS REALISM: Pretty much covered above. Robbins’ performance fits in more with the rest of the story than with the attitude one might expect a respected banker to have in such a situation.
JUDGE REALISM: Very good - - I like his comments about Andy lacking heart. These days, at least in federal court, sentencing is far less open to the judge’s discretion and they’re pretty much reading out of a book of formulas to arrive at the time to be served, but this is state court and in the 1940s, just after World War II. Completely realistic.
FOOTNOTE: I first saw this film not too long after I entered law school, and I remember thinking that the courtroom scene wasn’t terrific, but set the stage for the rest of the movie well enough. Some things don’t change, it seems.
The Insider (1999) (Kumerica) (4 points)
THE VERDICT: Hmm. This is probably the toughest call of the category, because the movie is good, I love its message, and there’s a lot of drama in the scene. However, the scene itself is not particularly realistic at all, even though it’s based on completely real-life events. Scene quality was excellent.
OVERALL REALISM: The problem here is that the ACTUAL pre-trial deposition is more interesting than what Michael Mann and the scriptwriters portray here, and it doesn’t include Bruce McGill’s fiery and well-delivered, but ultimately silly “this is not North Carolina . . . this is the sovereign state of Mississippi” speech. During the actual deposition, Ron Motley, the attorney played by McGill, sparred repeatedly with the tobacco company lawyers, who tried on a near-constant basis to get the witness, former tobacco industry scientist Jeffrey Wigand, to stop his testimony, but Motley and Wigand persevered. The transcript of most the deposition, as well as a few video excerpts,
is here on Wigand’s site, and it’s far more interesting than the fictionalized dialogue. Why the writers didn’t just use some of the lines from the transcript – Motley even fires off some colorful one-liners – is beyond me.
LEGAL REALISM: Poor. The film could have shown the fast-paced efforts by the tobacco lawyers to shut down Motley’s questioning, and Motley’s clever efforts to get around it, but it utterly failed to do so in favor of some goofy Hollywood drama and plenty of screaming by McGill. Again, let me stress that McGill, who’s one of my favorite underrated character actors, did a great job, but the script is very silly.
ATTORNEY REALISM: Another problem is how the chief tobacco industry lawyer just stops his objections after McGill’s Motley shuts him down with a full-throated, soul-stirring speech. In reality, the objections continued throughout the entire proceeding.
WITNESS REALISM: For some reason, Crowe portrays Wigand as though he is practically suffering from some sort of autism spectrum disorder; Wigand himself comes across as far more standard in his behavior. Wigand didn’t wear glasses during the deposition, but Crowe does. Weird.
JUDGE REALISM: Overruled, but amusingly, the first pillar of obstruction by the tobacco lawyers during the real-life proceedings was to argue that the presiding judge should be called to resolve a dispute over the areas of testimony about which Motley was attempting to solicit answers from Wigand. At one point, one of the tobacco lawyers even virtually pleads on the record for someone to redouble their efforts to find the judge. However, no one ever did and the deposition proceeded. Showing *this* would have been a great way to illustrate the nature of this witness examination, and could have been easily compressed into a few minutes for dramatic effect.
FOOTNOTE: Great movie, but lousy courtroom scene.
The Passion of Joan of Arc (1928) (jwb) (5 points)
THE VERDICT: This was a strange pick for the category. It’s a great film, of course, but this isn’t really a courtroom and it doesn’t fit the announced criteria. There is questioning, and some repartee between poor Joan and the torturers, but evaluating this against the other selections in the category is nigh impossible. It kills to me to give hyped-up, fact-destroying garbage like “JFK” a higher-ranking than this, but I will at least rank this at five points because of the quality of the film and the innovation of the choice. There’s no point in going through the rest of my evaluative framework, as it just doesn’t fit. The drama in the last minute or so of the selected scene, incidentally, as Joan gives an impassioned speech and then faints, is amazing. This film sure was ahead of its time.
[The remainder are coming on Saturday.]