Lawyers have fascinated filmmakers and audiences for years. The tense courtrooms and the lives in the balance are perfect fodder for engaged viewing. Perhaps it’s down to the ability to sink into the ongoing drama and witness the triumph of justice. Or, it may be the charm of eloquent dialogue delivered by confident people in formal attire.
Over the years, some movies have pushed the envelope on legal drama as a genre. The Lincoln Lawyer appealed to many viewers for its portrayal of the ethical dilemmas of lawyers. Anatomy of a Murder also enjoys a dedicated following that appreciates how it depicts fact-sharing (and distortion) during trials.
But for every astute effort, there is a half-baked, sensational one. Let’s dig into some of these legal pothole productions and why we must call them out.
Everything Can Be Evidence
If you’re fond of police procedurals and courtroom dramas, you must have seen that crucial piece of “evidence” that solves everything. In Beyond a Reasonable Doubt, DNA samples did the trick. They were introduced in court at the last minute, bringing gasps of surprise and a flood of inaccuracy.
The American Bar Association states that the admissibility of DNA evidence must be determined before the trial. Such evidence and any testimony based on it requires meticulous validation. It is not something a “surprise” or last-minute DNA samples can achieve.
Video footage from CCTVs and cellphones has also become popular in courtroom dramas and movies. While video surveillance footage is allowed as evidence, its source plays a crucial role. Did the recording aim to monitor an employee’s performance? In that case, lawyers may struggle to admit such videos in court.
On the other hand, some videos may prove invaluable in seeking justice. Real life, which can be as riveting and more heartbreaking than movies, has excellent lessons in this area.
Let’s talk about a real-world scenario. Earlier this month, a semi-truck crash in St. Louis killed a woman — an accident caused by distracted driving. Video footage and images from the site are helping the authorities understand what else may have led to the accident, from icy roads to traffic congestion.
A St. Louis trucking accident lawyer representing the victim can benefit from surveillance footage, accident scene photos, and dashcam videos.
Being cautious is vital when using multimedia materials in court. Their impact on the jury can be much higher than only verbal testimony and may unfairly affect their judgment. If the 1957 movie Twelve Angry Men taught us anything, it is how deliberation is essential for the jury to make the correct judgment.
Cases Go To Trial At Top Speed
An inherent appeal of the popular television show Suits is how fast everything happens. The dialogue is rapid; the plots are engaging but not too complex or time-consuming to build. The USA Today calls the Netflix show a part of blue-sky programming. The breezy drama entertains but does not demand too much, which explains its sudden surge in popularity.
However, Suits sets the precedent for extremely rapid courtroom action – far from the reality in the USA. In the show, some cases go to trial within one week of the charges. Cut to the truth, and a trial can take several months. During this time, lawyers must investigate, collect evidence, and prepare.
For example, in the case of a road accident, the lawyers must persevere to determine liability. TorHoerman Law emphasizes the need to gather information from multiple sources, from vehicle maintenance records and witness testimonies to police reports. Lawyers may aim for settlement negotiations. In this situation, the case won’t go to trial.
Unlike in Suits, the dates for these events aren’t in a lawyer’s control. And no, they can’t talk privately to the judge to move things around unless they want trouble!
Simply Ask A Lie Detector
In Carry-On, the action thriller released in 2010, the protagonist, Ethan, lies on the polygraph test. The examiner asked Ethan if he had ever witnessed a crime that went unreported. He lied to protect his father. So, if lying on these tests is achievable, are they valid for prosecuting or exonerating someone in court?
Forensics experts explain how polygraph tests strive to ensure accuracy by lowering factors like nervousness or confusion. It is essential as the test focuses on recording physiological changes evoked in response to the question. However, who’s to say a seasoned criminal or a particularly steely individual cannot fake their bodily cues?
The bottom line is that most US states do not permit lie detector results in court. They may support the investigation, but that’s about it.
Pop Culture And The Dangers Of legal Misrepresentation
Movies and television shows take some creative liberties to add drama and suspense. It isn’t easy keeping viewers hooked in the competitive entertainment world, where the next OTT platform or a nearby theatre has more choices.
However, filmmakers must reconsider their take on legal proceedings if they negatively impact the general audience’s perception. Not everyone will possess detailed knowledge of the legal system. Popular culture presents this information in an easy-to-retain format. What if stereotypical depictions of lawyers as liars and unrealistic litigation outcomes deter people from seeking counsel?
The legal territory has also become murky due to the rise of artificial intelligence and deepfakes. Judges use the Federal Rules of Evidence to decide the validity of the proceedings, but AI-specific guidelines are not yet final. LSJ Online warns against the lethal combination of truth and trust decay and its potential for triggering authoritarianism in our society.
We have come a long way from video layovers in Forrest Gump, where Tom Hanks shook hands with President John F. Kennedy. What technology now makes possible is a head-scratcher for the legal community – and society in general. Responsible filmmaking, then, is not only about artistic accuracy. It is also a social responsibility.
Here’s hoping for more accurate legal programming in 2025. Let’s think a little more Better Call Saul and a lot less Double Jeopardy.
Be the first to comment