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  • - [Narrator] This is Scott Reisch,

  • a criminal defense attorney

  • who's practiced law for the past 25 years.

  • - I have represented many individuals in high profile cases.

  • - [Narrator] Today, Scott is going to break down

  • what Hollywood gets right and wrong

  • on television court scenes.

  • [suspenseful jazz music] [coffee splashing]

  • [fan whirring]

  • [siren blaring]

  • - I'm currently here at my office.

  • I'm the only one here.

  • We're trying to keep everybody safe with this quarantine.

  • First up, "Better Call Saul."

  • - Thank you for coming in today, Mr. Harkness.

  • I just wanna clarify a few things from your testimony

  • if that's okay.

  • - Okay.

  • - So, you were working at the Sandy Mart

  • the night of the 30th, is that correct?

  • - [Man] Got in at noon, left at midnight.

  • - The one thing this scene does very well

  • is the fact that it shows that the defense attorney

  • is questioning the basis for the reliability

  • of the identification.

  • The identification is essential in any criminal case

  • because they wanna make sure

  • that they get the right person.

  • - Sounds like it happened pretty fast,

  • but you say you got a good look at him, correct?

  • - Yes.

  • - [chuckling] You must drink stronger coffee than I do

  • 'cause after 11 hours on the job,

  • I can barely see straight.

  • And it was dark out.

  • - And so here,

  • the attorney is questioning how tired they were,

  • what the lighting was correct,

  • how quickly events happened,

  • distracted by other events.

  • He all but says are you sure it's my guy?

  • I mean, he is really the only guy

  • sitting over here at the defense table.

  • There's a little defendant on the tag on the table there.

  • - Are you sure that's the person?

  • There's no doubt in your mind?

  • Take your time.

  • - [Man] I don't need time, that's him.

  • - At this moment, this clip takes a huge turn.

  • - Now, would you be surprised to learn, Mr. Harkness,

  • that the person you just pointed to is not the defendant?

  • - What?

  • - My client is in the back of the courtroom.

  • Mr. Siggy, would you please stand up?

  • - And then he has his real client stand up.

  • That would never take place in a real courtroom.

  • - He is named Hollis Early.

  • He's a bartender down in Belen.

  • He has a very good alibi for the night in question.

  • - Your Honor, objection!

  • - Oh, Mr. Goodman, really?

  • - You didn't recognize him either, Your Honor.

  • - An attorney cannot deceive the court like that

  • by having the defendant sit out there

  • and having somebody else sit at the defense table.

  • Unrealistic, would never happen.

  • You'd probably get sanctioned by the judge.

  • Next up, "The Good Wife."

  • In this scene, we have an attorney

  • asking a witness a question.

  • The witness then asserts her Fifth Amendment right

  • against self incrimination.

  • - Did you and Mr. Kimble stay together in Washington D.C.?

  • - I refuse to answer on the grounds

  • that it may incriminate me.

  • - At this point, the judge would more

  • than likely have a recess, send the jury out immediately,

  • and then inquire whether the witness has a basis,

  • a good faith basis or reason, to assert the

  • Fifth Amendment right against self incrimination.

  • And then at that point, the judge would more than likely,

  • if the person or the witness did not have their

  • own attorney, would appoint them an attorney

  • to advise them of their Fifth Amendment rights

  • and whether they in fact apply.

  • - Miss, I wanna make sure I understand what you're saying.

  • - Your Honor, the witness already--

  • - Now you're pleading the Fifth because you were involved

  • in Mr. Kimble's murder or because the-

  • - Your Honor it is not your place to ask my witness--

  • - Yes it is, Mrs. Florek.

  • - Now, the attorney that was asking the questions

  • really shouldn't be advocating for this client in any way

  • other than saying, "Your Honor, she's asserted her right,

  • "she should have independent counsel."

  • - [Judge] Now, you are taking the Fifth--

  • - Your Honor, if you compel my witness

  • to answer this question I am moving

  • for an immediate mistrial!

  • - Denied.

  • - It's somewhat admirable that the attorney would try

  • to protect the witness to the point of even facing contempt,

  • but that's really not her place as it relates

  • to that particular witness.

  • - [Judge] Mrs. Florek--

  • - You are piercing the Fifth Amendment right!

  • - Mrs. Florek, shut up!

  • - No, sir.

  • - Excuse me?

  • - So as this scene develops, the court

  • admonishes the attorney and tells her to shut up.

  • And if she doesn't, she would in fact be held in contempt.

  • - As long as you are attempting to circumvent her

  • Fifth Amendment right, I will not shut up.

  • - You will shut up or be held in contempt.

  • - That's realistic because to be held in direct contempt

  • the court kinda has to give you notice

  • of what you're doing wrong and if you do it

  • again, there's gonna be punishment.

  • - Then hold me in contempt.

  • And I will refer this

  • to the Judicial Conduct Committee for immediate action.

  • - But for an attorney, to threaten the judge

  • with a grievance is completely inappropriate.

  • I've never seen it done.

  • I just don't think it's very realistic at all.

  • Next up, "Law & Order."

  • - On the sole count of the indictment, murder

  • in the second degree, how does the jury find?

  • - This clip almost works for me.

  • When a jury comes back, normally the judge will be

  • the one that actually reads the verdict.

  • I've never been in a courtroom

  • where the foreperson reads the verdict.

  • - We find the defendant not guilty.

  • - Now, before that verdict is read the court will also

  • usually have security in the courtroom.

  • And particularly in a large courtroom where there's

  • a lot of emotion going on, the court would admonish

  • everyone in the courtroom that there would be

  • no outbursts, there will be no cheering, or booing,

  • or any emotion whatsoever and if you do so,

  • you will be removed immediately by the Sheriff.

  • Now, in this particular case, people were reacting,

  • hugging each other, for television purposes

  • but that would not happen in most courtrooms.

  • The judge wouldn't allow it.

  • [gunshot blasting]

  • This is unrealistic in just about any

  • jurisdiction I could possibly imagine.

  • Most jurisdictions have court security personnel

  • that you have to go through before you enter the courthouse

  • so you're not gonna be able to bring guns and knives

  • or anything of that nature into the courtroom.

  • Next up, "American Crime Story."

  • - Your Honor, at this time the People would ask

  • that Mr. Simpson step forward and try on the gloves

  • recovered from Bundy and Rockingham?

  • [crowd murmurs] [tense music]

  • - We have no objection, Your Honor.

  • - This clip is based on

  • the real life trial of O.J. Simpson.

  • He was ultimately acquitted.

  • This is a good teaching point

  • for what they teach you almost immediately in law school.

  • Don't ask a question

  • unless you know what the answer will be.

  • Every trial, there's always that moment

  • where something takes place and you just don't expect it

  • and sometimes it goes really well for you

  • and sometimes not so well.

  • You can tell from the scene that nobody anticipated this.

  • The defense didn't know it was coming.

  • Even Mr. Darden's co-counsel didn't know it was coming.

  • Look at the apprehension on her face, trying

  • to figure out what the hell is going on.

  • - Mr. Simpson, please approach the jury.

  • - When Mr. Simpson walked over

  • to the area in front of the jury,

  • his legal team followed him.

  • They were permitted to do that so that they could

  • actually view what was taking place

  • so that they could be able to cross-examine

  • on those issues when it was their turn to cross-examine.

  • - These gloves are too small.

  • - This clip reminds me of a principle

  • that you need to remember whenever you're trying a case.

  • Keep it simple and don't get cute.

  • Mr. Darden got a little too cute.

  • Up next, "The Good Fight."

  • - Unfortunately, I have misplaced my prescription glasses,

  • so I will try to make do with these prescription sunglasses

  • if you don't mind me looking a little bit like a movie star.

  • - So the first thing

  • that I see here is a very informal judge.

  • This is not that uncommon,

  • but most of the time the judges like

  • to be the standard bearer for the standard of decorum.

  • And the lack of formality really sets the tone

  • for the courtroom.

  • - Mike, could you angle that screen some more?

  • These sunglasses are polarizing.

  • - The judge forgets his glasses

  • and moves about the courtroom and takes a closer look

  • at the exhibit to help prove the witness wrong.

  • - Continue, please.

  • - Typically the court would not leave the bench

  • to move around the courtroom

  • to look at a particular piece of evidence.

  • So in this scene, it's almost a conversation

  • that's taking place between the judge, the witness,

  • the defense attorney, and the plaintiff's attorney.

  • Very unusual, even if it was just a trial to the court

  • the court would still, for purposes of making a record,

  • allow one party to conduct their examination

  • the other party wouldn't be able

  • to jump in and ask a question and then have it answered,

  • and then have the judge clarify.

  • - [Attorney] Then why didn't the company fire him?

  • - [Attorney] Your Honor, I think it's a little odd

  • that B.M.I.'s being censured

  • for doing the humanitarian thing?

  • - Oh, I don't think plaintiff is censuring them,

  • I think she just finds it odd

  • that they kept the thief on staff, as do I.

  • - And most of the time, the judge is not going

  • to allow a question to be answered simply

  • because he'd like to hear the answer to it.

  • There has to be a legal basis for that.

  • - [Attorney] Objection, asked and answered.

  • - Actually no I'd like to hear the answer.

  • - The judge actually points out for the attorney

  • what the answer would be from the document.

  • - Just how many hours did you question my client?

  • - I don't know, I didn't keep track.

  • - Well, it says seven hours here.

  • - That simply would not happen in a courtroom.

  • The case should be tried by the attorneys and not the judge.

  • Next up, "Castle."

  • This is the most unrealistic courtroom scene

  • that I have ever seen.

  • First of all, you have a witness on the stand, Castle,

  • who's up there testifying

  • as to whom he thinks the murderer is.

  • - Mr. Castle yesterday you testified

  • that my client was guilty of killing Mrs. Beakman.

  • Do you still believe that's true?

  • - No, he's innocent.

  • - Witnesses don't get to testify to that.

  • They get to testify as to what they saw,

  • what they heard, what somebody said,

  • if it was an admissible statement.

  • They don't get to speculate, let alone change their mind

  • on the witness stand based upon the attorney saying,

  • "Is there anything else you would like to tell this jury?"

  • - Mr. Castle, is there anything else

  • you'd like to share with the court?

  • - Yes, good people of the jury--

  • - That wouldn't happen.

  • That's what they call a narrative.

  • A narrative is when a question is asked of the witness

  • and the witness just goes off and gives a lengthy answer

  • that really just amounts to a big run-on sentence.

  • - The bathroom downstairs was occupied.

  • - And they're really not answering

  • the question that was asked anymore,

  • they're just really talking about

  • what they wanna talk about, that's prohibiting!

  • It has to be question, answer, question, answer.

  • So for him to go off

  • and then point out the real killer in the courtroom.

  • - It was her husband, Lloyd Beakman.

  • - I have never seen anyone try to point out

  • and say, "That's the real killer

  • "sitting over there in the courtroom."

  • And then, the daughter jumps up

  • and asks dad questions like maybe you did do it--

  • - No, no I remember because I was trying to find you guys--

  • - All right that's enough I want order.

  • [gavel bangs]

  • - And then the detective gets up

  • and starts interrogating this man, now accused of murder

  • in the courthouse, in the courtroom, in front of the jury.

  • - So you headed out to the yard,

  • you moved the basketball hoop over

  • so you could climb up it and get a better look.

  • - [Castle] But Sadie caught you,

  • spying in the window, didn't she?

  • So you came inside and accused her

  • of having an affair with Roger?

  • - Dad, what did you do?

  • - What did I do, your mother was having an affair with her.

  • - It would never happen, it just would never happen.

  • The only thing that this scene was missing was

  • for the Scooby Doo clan to pull the masks

  • off somebody's head and the person say,

  • "I would have got away with it,

  • "if it wasn't for those pesky kids!"

  • - Mr. Beakman you're under arrest for murder.

  • Come on.

  • - This was cartoonish and amateurish at best

  • and whoever wrote it

  • and allowed it go on screen should be fired

  • and never be allowed to write again.

  • [laughing in backround]

  • Too much? [chuckling]

  • It's true, that's terrible!

  • Next up, "The Big Bang Theory."

  • Before we get to the courthouse, I'd like

  • to call on your skills as an actress.

  • - So in this scene, Sheldon has to go

  • to court for a traffic ticket

  • and he scripted the testimony of Penny

  • to appear in court and testify on his behalf.

  • - What is this?

  • - I've taken the liberty

  • of scripting your appearance on the witness stand

  • because let's face it, you're somewhat

  • of a loose cannon, now--

  • - Now this is a very lighthearted scene.

  • But one thing is very realistic.

  • When you go to court,

  • you want your witnesses to be prepared.

  • But you cannot script the testimony

  • and give that script to the witness

  • to prepare in preparation for their testimony.

  • - Do you remember that date?

  • - Darn tootin' I do.

  • [audience laughing]

  • - If the court will excuse my homespun,

  • corn-fed Nebraskan turn of phrase.

  • [audience laughing]

  • - Excellent, go on.

  • - Any time you call a witness,

  • you want to make sure that you have prepared them

  • so they know what subjects they're going to cover.

  • And sometimes you may have practiced it,

  • but you don't wanna practice it so much

  • and rehearse it so much that it appears to be rehearsed.

  • - The reason that date is like,

  • so totally fixed in my memory,

  • [audience laughing]

  • is that I had the privilege to be witness

  • to one of the most heroic acts I've ever seen in like, ever.

  • [audience laughing]

  • - If you were to draft a question and answer

  • of the answers that you were, in fact, looking for

  • to be given in court

  • and the other side asked, "Was there anything

  • "that you did to prepare for this hearing?"

  • and you said, "Yes I read the script

  • "that my attorney gave me of his questions"

  • those questions would have to be turned over

  • so that the other side could review them

  • for cross-examination.

  • So you would never, ever, give the witness the questions

  • to be read before-hand

  • because if the question was ever asked,

  • and most attorneys never ask that particular question,

  • but if they did, they'd have to be produced.

  • It can be very embarrassing for everyone involved.

  • - Ugh, a teardrop rolls down my cheek?

  • [audience laughing]

  • - Only a suggestion, a catch

  • in your throat would work just as well.

  • [audience laughing] [sighs]

  • - But it is a fact

  • that it's a privilege to know you, totally.

  • [audience laughing]

  • - Sometimes, you want to present your witness

  • in a particular way or a particular light

  • that may not exactly be as who they are in everyday life.

  • However, juries are very smart people.

  • They can see when you are trying to B.S. them.

  • And if you try to change the way somebody comes across

  • on the witness stand, they will be able to see it.

  • Our next clip is from "The Practice."

  • In this scene, Eugene is at the appellate courts

  • to receive a decision based upon an appeal of a murder case.

  • - Unanimously find the confession to be admissible

  • the conviction therefore stands.

  • - This scene is very unrealistic.

  • Rarely does an appellate court ever issue a oral decision.

  • They're always in writing.

  • An appellate court is a court that reviews

  • a lower court's decision to make sure

  • that no legal errors were made

  • that resulted in an unfair trial.

  • - [Judge] Adjourned.

  • [gavel bangs]

  • - Permission to address the court?

  • Permission to address this court?

  • - When the case is over

  • and the matter is in recess, the case is over.

  • For an attorney to ask to address the court

  • to explain their decision wouldn't happen in any way.

  • - 10 years I've been puttin' them back out there!

  • Criminals, sometimes rapists,

  • sometimes murderers, 10 years!

  • All the time tellin' myself, "there's a reason!"

  • - You're 10 seconds from a contempt order.

  • - Do it!

  • - And the rant that Eugene goes off

  • towards these judges and is ultimately

  • held in contempt for would never ever happen

  • and you would be held in contempt.

  • - Take him and put him in lock-up.

  • - I'll rot in that cell

  • if giving you respect is a condition for my getting out.

  • - One can be held in contempt

  • for not following the rules of the court

  • and the contempt proceeding is really

  • to cleanse the dignity of the court.

  • That's the realistic part about it.

  • Next up, "Law and Order."

  • - Doctor, is it not a fact

  • that you had six bourbons on the rocks

  • at Chance's Pub not 45 minutes ago?

  • [crowd murmurs]

  • - In this scene, the prosecutor asks the witness,

  • the defendant, to take a sobriety test to prove

  • that he has a drinking problem,

  • which would ultimately lead to his culpability.

  • The prosecutor had his investigator police

  • officer follow the good doctor to see

  • what he did over the noon hour.

  • And the officer investigator saw that the doctor

  • had had several drinks over that noon hour.

  • - That many?

  • - The attorney had a good faith basis

  • to inquire about whether the doctor had anything

  • to drink prior to taking the witness stand again.

  • - What's going on, Mr. Stone?

  • - Does that doctor look drunk to you, Your Honor?

  • - What the hell is that supposed to mean?

  • - Normally a judge would not allow

  • the prosecution to have somebody get up

  • and do a road-side sobriety test

  • to see if they were intoxicated.

  • - Raise your arm to the level of your shoulder.

  • Close your eyes and point to your nose

  • with your index finger.

  • - In this particular case,

  • the prosecutor got lucky

  • because the doctor basically put his finger in his eye.

  • [crowd murmurs]

  • However, had he been able to touch his nose accurately,

  • it would have sunk the prosecution's case.

  • Going back to the simple thing, don't get cute

  • and don't ask questions you don't know the answer to.

  • He knew the answer of whether he had drinks,

  • he didn't know if he would properly touch his finger

  • to the nose during the test.

  • In the next clip, "Perry Mason."

  • I remember as a kid watching re-runs of "Perry Mason"

  • and if you went to law school,

  • you certainly watched a few "Perry Mason" episodes.

  • - The killer accidentally overheard Thompson's

  • phone call to Vivian Aimes, a phone call

  • setting up a perfect alibi for him.

  • - The first thing that I notice

  • is how close the attorney is to the witness stand.

  • That rarely ever happens.

  • You always have to stay at the podium

  • and have to ask permission to get that close.

  • - [Attorney] And then he killed Ned Thompson!

  • - No, no I didn't do those things

  • I didn't kill Ned Thompson!

  • - [Attorney] And you didn't plant Fallon's

  • note in his pocket?

  • - [Defendant] No, no!

  • - I have never seen such high drama

  • in the courtroom and I have never seen

  • a witness be cross-examined so intensely

  • that apparently then the attorney

  • then figures out who the real killer is

  • and points him out in the courtroom.

  • - [Attorney] You didn't kill Thompson but you did Mr. Wells!

  • [dramatic music]

  • - Yes, yes I killed Ned Thompson, I killed him!

  • - And, not only does he stand up

  • and say, "Yes I did it" he collapses in tears

  • while he's doing it and yet everybody

  • remains completely calm and silent

  • in front of the jury, unrealistic.

  • "Night Court."

  • - Unfortunately, word got out that anyone

  • not arraigned before midnight was set free.

  • - Ugh, we were so close!

  • - What jumped out at me

  • in this scene at first was I'm not aware

  • of any particular situation where

  • if the charges were not advised by a particular time

  • that the case would be dismissed.

  • In this scene here, the prosecutor actually

  • grabs the charges and reads them

  • in a speed-reading format

  • so that the defendant is aware of them.

  • [Attorney speedily mumbling]

  • Normally, it's the court

  • that advises a defendant of the charges against him

  • and the rights that come with him

  • when he, in fact, becomes a defendant.

  • - [Attorney] [mumbling], the end!

  • [cheering]

  • - This is a very fun scene

  • it adds a little bit of levity to the situation,

  • which is oftentimes a very serious time

  • for a defendant in a particular case

  • but it's just not very realistic.

  • [cheering]

  • - My God, man, gavel!

  • - Oh, yeah, yeah hung over for a grand jury

  • court is--

  • [dramatic music]

  • - As you can see, Hollywood gets lots of things correct,

  • and lots of things wrong.

  • Court is not as always dramatic

  • as they make it out to be in the movies or on TV.

  • But, there's always something monumental going on there

  • for the participants that are involved.

- [Narrator] This is Scott Reisch,

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從《更好的呼喚索爾》到《好妻子》,律師實況調查法庭場景。 (Lawyer Fact Checks Court Scenes, from 'Better Call Saul' to 'The Good Wife')

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    林宜悉 發佈於 2021 年 01 月 14 日
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