LINCOLN INN’S MOVIE PRESENTATION CHECKLIST:
CELEBRITY DOUBLE JEOPARDY!
Date: February 17, 2009
Movie Roster: And Justice for All…; Serpico; To Kill a Mockingbird
(All Movie Times Approximate, But Accurate as Possible)
Category:
A)Ethics:
1.Movie Title: And Justice for All…
Movie Time:1:07:00-1:15:00
Question: Al Pacino’s character committed this ethical violation during the final trial scene without the client’s consent.
Answer: What is disclosing confidential communications between the attorney and the client?
Authority: Fla. Bar Code Prof. Resp. D.R. 4-1.6
- Movie Title: And Justice for All…
Movie Time:1:10:00-1:12:00
Question: When an attorney is suspected of mental illness resulting in his inability to meet the needs of his clients, this is the first step in the Florida Bar grievance process.
Answer: What is bar counsel investigation?
Authority: Rules Regulating the Florida Bar, Rule 3-7.3
- Movie Title: To Kill a Mockingbird
Movie Time: 3:40-4:34
Question: The Florida Rule of Professional Conduct that governs whether the alternate fee arrangement between Atticus Finch and his client is permissible.
Answer: What is Rule 4-1.5
Authority: Florida Rule of Professional Conduct 4-1.5 (Fees for Legal Services)
B)Pre-Trial Procedures:
- Movie Title: To Kill a Mockingbird
Movie Time:16:55-17:45
Question: The amendment to the United States Constitution under which even accused rapist, Tom Robinson, is entitled to be appointed defense counsel such as Atticus Finch.
Answer: What is the Sixth Amendment?
Authority: U.S. Const., Amend. 6 (“In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defence.”)
- Movie Title: Serpico
Movie Time: 1:20:53-1:23:30
Question: The police violated these rights when interrogating the man in custody.
Answer: What are his Miranda rights?
Authority: Miranda v. Arizona, 384 U.S. 436, 16 L.Ed. 2d 694, 86 S. Ct. 1602 (1966).
C)Trial Procedures:
- Movie Title:To Kill a Mockingbird
Movie Time:1:22:30
Question: What procedure does Atticus Finch apparently fail to exercise at the conclusion of the State’s case?
Answer: What is a Motion for Judgment of Acquittal?
Authority:Fla. R. Civ. P 3.380; Morris v. State, 721 So. 2d 725, 727 (Fla. 1998)(“Therefore, we hold that it is unnecessary to require a defendant to renew the motion for a judgment of acquittal after the defendant has presented evidence. Once the motion has been made at the close of the State's case and brought to the trial court's attention, the trial court has been given an opportunity to rule on the precise issue. The issue should then be considered preserved for appellate review. Rule 3.380(b) shall be interpreted consistent with our opinion today.”)
- Movie Title: To Kill a Mockingbird
Movie Time:1:41:45
Question: If a Florida prosecutor struck all blacks & obtained an all-white jury, one of these cases could be used by defense counsel to reverse the conviction.
Answer: What are Neil, Slappy, and Melbourne?
Authority: Melbourne v. State, 679 So. 2d 759 (Fla. 1996); State v. Neil, 457 So.2d 481 (Fla.1984), and State v. Slappy, 522 So.2d 18 (Fla. 1988)
D)Judicial Demeanor:
- Movie Title: And Justice for All…
Movie Time:20:00-22:00
Question: Under the Florida Code of Judicial Conduct, this is one of a judge’s adjudicative responsibilities to litigants, witnesses and the jury.
Answer: What is being impartial, patient, dignified, and courteous?
Authority: Fla. Code of Judicial Conduct, Canon 3 (B)(4)
E)Substantive Law:
- Movie Title:Serpico
Movie Time:17:10-17:40
Question: The amendment of the United States Constitution that governs whether the search of the basketball players was permissible.
Answer: What is the Fourth Amendment?
Authority: Fourth Amendment (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”)
F)Evidence
- Movie Title: To Kill a Mockingbird
Movie Time: 1:19:45-1:20:00
Question: Tom’s demonstration of his “catching” right hand, along with his statements about his ineffective left hand, could be subject to this legal principle.
Answer: What is cross-examination?
Authority: Macias v. State, 515 So.2d 206, 209 (Fla. 1987)(“In Machin, because witnesses had testified that the person who committed the crime ran with a limp, the defendant wanted to demonstrate his running capability to the jury without exposing himself to cross-examination. The court held that to do so would be a form of testimony which would subject the defendant to cross-examination. Similarly, the defendant's request to display his tattoos in Wells was deemed testimonial in nature. Schmerber tells us that the activities proposed by the defendants in those cases were not testimonial in nature. Therefore, we disapprove the opinions in Machin and Wells to the extent that they hold that the requested demonstrations were testimonial in nature.”).
- Movie Title: To Kill a Mockingbird
Movie Time: 1:09:03-1:41:00
Question: The failure of either attorney to make a single objection throughout the courtroom scenes demonstrates a lack of this action essential for appellate review.
Answer: What is preservation?
Authority: Pope v. State, 646 So. 2d 827, 828 (Fla. 5th DCA 1994)(to preserve an issue for appellate review, a party must contemporaneously object in the court below on the same ground asserted on appeal)
G)Attorney-Client Relations:
1.Movie Title:To Kill a Mockingbird
Movie Time:1:22:30
Question: This principle could be argued on appeal to reverse Robinson’s rape conviction, because of Atticus’s failure to ask for a Judgment of Acquittal?
Answer: What is ineffective assistance of counsel?
Authority:Fla. R. Crim. Pro. 3.850; Hartley v. State, 993 So. 2d 1187, 1187 (Fla. 4th DCA 2008)(“However, in claim two, appellant has stated a sufficient claim for ineffective assistance of counsel in that his trial counsel failed to make a legally sufficient motion for judgment of acquittal at his trial particularly on the charge of felony petit theft.”).
H)Extra Questions:
1.Movie Title: Serpico
Movie Time:1:39:15-1:40:05
Question: One right Serpico has in his grand jury proceeding.
Answer: What is the right to have an attorney present while a witness testifies before the grand jury or what is the right to immunity?
Authority: McKinney’s CPL section 190.45; McKinney’s CPL section 190.25(3)(f).
- Movie Title: Serpico
Movie Time: 1:39:15-1:40:05
Question: One right Serpico does not have in his grand jury proceeding in which he testifies as a witness.
Answer: What is the right to refuse to testify, the right to control the scope of testimony the witness gives in the grand jury, and the right to disclose his testimony given before the grand jury?
Authority: McKinney’s CPL section 190.25(4)(a); McKinney’s CPLsections 190.40 and 190.50.
- Movie Title: Serpico
Movie Time: 59:24-1:03:24
Question: The police officers taking bribes throughout Serpico have this obligation under federal law.
Answer: What is the obligation to report income and pay federal income taxes?
Authority: I.R.C. section 61