The philosophy of "And Justice for All" is a little scary (sort of the anti-To Kill a Mockingbird), but Al Pacino offers a pretty good Summation (or Final Argument, or Closing), up until the end, at least.
We're always supposed to try as hard as we can for our clients, even if we find them or their offenses vile. At a minimum, Al Pacino would be disciplined for selling out his client. Probably he'd be disbarred.
Sometimes you know you're going to lose, like Atticus Finch did in to Kill a Mockingbird. Sometimes you know you're going to lose at the trial level, but figure that there is something wrong with a statute and they only way to get the law thrown out is to lose at trial level to get a higher court to throw it out on appeal. Rosa Parks made her mark by first being convicted of an unjust law. Same for Scopes, the Tennessee teacher that was convicted of teaching evolution. In real life, Scopes (or Capes, as he was called in Inherit the Wind, the movie from which the next clip was taken) was represented by Clarence Darrow, a legendary lawyer upon whom Spencer Tracy's role was based. Tennessee was represented by William Jennings Bryan, who ran for president as a Bible-thumping, populist Democrat.
Atticus Finch is the very symbol of what is good, or what can be good, about the practice of law: honor, integrity, courage. Finch's daughter, and the boys, exhibit those same qualities in the movie, and Scout stands up for her daddy, who is trying to guard his client at the jail to keep him from being lynched. It's not the trial scene, but the appeal to individuals to do what is right is not a bad analogy for what jurors are supposed to do in trials. Scout succeeded where Atticus could not.
I think I know what I'm going to do on this one, but would still love some feedback.
Leo Baggett
About Me
- superdave524
- I was born in Montana, raised in Tampa, and reside in a small town in the lowcountry of South Carolina with the Lovely Lady Di, and son Tyler. Walterboro (the 'Boro) has about 5,100 residents. It's a moderately interesting place. I work in the public defender's office representing poor people charged with crimes. Some of them did it. Some of them didn't do it. Some are not very nice, a lot of them are just regular Joes with a huge plate of bad luck. I'm a moderately interesting fellow, who has the good fortune to know or be related to some very interesting people. Is there anyone out there?
7 comments:
Here are my votes for the finalists. Tom and Jack, because the clip captures the intensity of the relationship between the attorney and the witness, the perfect, tense moment when the truth is revealed. Can you tell I'm getting a little excited here? To Kill a Mockingbird because it captures the feeling of the south I grew up in and the book had alot to do with why I became a lawyer and My Cousin Vinny, because, well just because.
I just love the word Temerity ...
T-E-M-E-R-I-T-Y, Temerity.
... along the lines of what Quakerjono said about analyzing cases .... like, in the real world, is it all, like, Boston Legal ... and stuff?
I vote for Paper Chase! Mr. Williams, the theatre needs you, I'm going off to sell Volvo's.
I could watch And Justice for All again and again. Aren't you just with him when he yells out at the end???
But TKAM is my all-time favorite book...
Chase, Sunny does have some right to talk. Her other name is Cathy, and she's been my running partner and she's a pretty good attorney, too. Though most of her work is non-jury, the struggle between witness and attorney is essentially the same, whether it's jury or non-jury.
As to whether the famous courtroom dramas are true depends on the answer to Pontius Pilate's query, "What is truth?". There is dramatic truth, then there is technical accuracy. My Cousin Vinny has some technical flaws, but really captures the essence of trial practice in a lot of ways (plus it's really funny). Battling the judge a lot of times, in addition to the other side. Battling bias, intended or not, when you're trying a case outside of your normal practice area (geographical or subject matter). And one of the biggest truths, the role of "guts" and instinct in the makeup of a good trial attorney. There are a lot of really smart attorneys who aren't particularly sharp in a courtroom because they can't think on their feet. I've done appellate work and trial work. I remember trying two cases against a fairly successful appellate lawyer who was always supremely prepared for appeals. He had always read every case even remotely involved with the issues on appeal, but he was just lost in trial court because, no matter how well prepared you are there are always a few surprises. He was always shocked when a witness didn't testify how he thought they would/should. How well you can hit a curveball makes all the difference. Vinny was very well prepared on the facts, having looked at the scene and interviewed all the witnesses. Ultimately, the State's surprise expert witness could have shook him, but the flash of inspiration he got, and his ability to improvise by calling his girlfriend to testify as to the pictures was true to the spirit of what makes a trial lawyer a good one. Technically accurate? Maybe not. But it was true.
I've only watched Boston Legal a few times. Loved what I saw, but I just don't watch a lot of t.v. Are the trial scenes realistic? It's a fun show, and I like the Shat and James Spader. Tell you what, I'll try to catch a couple of episodes and I'll get back to you on that one.
Ange, Paper Chase was a neat show (and a good name for Mr. Squires when he worked in print journalism), but its focus was law school and not so much trials, if my memory serves.
Kate, I'm with you. Got to wonder if it was worth his license, but I did kind of want to wipe that smirk off of John Forsythe's face.
YOU ARE ALL OUT OF ORDER! It's like Prince Valliant, too much to read. Give me Ernie Bushmiller and Legally Blonde (never actually seen that one, but you know it goes to a point)
...and you've probably heard me say it all anyway.
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