In stark contrast to "The Practice" and "Ally McBeal," both of
which portray lawyering in Boston as sex with judges, high profile cases, and
remote-controlled toilets, "Real Justice" shows criminal courts in Fenway
Park's shadow for what they really are: emergency room triage. Defenders,
prosecutors, and judges alike work merely to process defendants through the
system and make it to the end of the day.
Part I presents a harrowing and accurate portrait of the rough edges of
America's urban courts. It brings to light aspects of the criminal justice
system that normally operate in the shadows: underpaid and overworked
prosecutors and court-appointed defenders making quick plea bargains in the
hallways, prosecutors trying cases on a half-hour's notice, and defenders
preparing their witnesses just minutes before they testify. Part II, on the
other hand, provides a more panoramic view of three relatively more serious
cases that worked their way through the system. While Part II provides a less
intimate look at the relationships among prosecutors, defenders, and the
accused, it explores certain philosophical issues routinely negotiated in the
criminal justice system.
Part I is remarkable for its quality, accuracy and, significantly, its access.
The players seem unaffected by the cameras, and the viewers are treated to an
accurate glimpse into a typical day in an urban court system. Every prosecutor
can relate to the moment when Viktor Theiss, after being harangued by the
shoddily-dressed and ill-prepared defense attorney, loses his temper and snaps
at him to "just tell it to the Judge." Or when a supervisor assigns a case at
10:30 that is scheduled for an 11:00 trial. Every public defender can relate
to the moment when Lisa Medeiros' client tells the judge that she hasn't
explained to him that his plea would result in giving up certain rights - when
the unblinking eye of the camera captured Medeiros counseling her client on the
loss of those rights just moments earlier. Or when a client balks at an
agreement that would avoid the risk of conviction in exchange for community
service. Medeiros' frustration is palpable when young Michael O'Neill - with
righteous indignation, but no claim of innocence - says: "I'll never do 40
hours of community service."
Part I also well captures the frenetic, shoot-from-the-hip pace and style of
the lawyering for the indigent that is endemic to most urban court settings.
In one scene Medeiros meets, for the first time, one of her clients as he is
being arraigned. In another scene, defense attorney John Taylor prepares his
client to testify not by reviewing his story and preparing him for
cross-examination, but by saying merely, "Tell the jury what happened." In the
Tasha Davis case, Medeiros must have been shocked when her client, charged with
assault and battery, admitted to attempt assault and battery on direct
examination by stating that she tried to spit on the complaining witness.
Popular focus on current problems in the criminal justice system has been on
actual innocence in DNA cases and defendants being sentenced to death after
their lawyers slept through significant portions of trial. What Part I
portrays, is the far more frequent cost of lawyering-on-the-fly that the
parties in low-profile, relatively minor criminal cases are required to do.
One can hardly imagine Johnny Cochran and Barry Scheck walking into Judge Ito's
courtroom after a quick review of police reports and a last-minute first effort
to get a deal for O.J. Simpson. The idea that David Kendall prepared President
Clinton for his grand jury testimony with a hand on the shoulder, a look in the
eyes, and a quick, "Tell them your story," is absurd. Part I shows more of the
picture that Americans of a certain class rarely see.
Part I also introduces the viewer to the frustrating uncertainties inherent to
the criminal justice system. The producers do a fine job of showing that truth
(with a capital "T") is difficult, if not impossible, to know. Instead, the
two sides routinely present alternative truths. In one case, a black man is on
trial for alleged civil rights violations against a gay white couple. When he
is acquitted, the viewer wonders whether the verdict is a result of homophobic
indifference to the travails of a gay Bostonian. Or, does the verdict reflect
the jury's conclusion that the alleged victim boorishly knocked the defendant's
son to the ground and that the defendant's response was justified? Or does the
jury simply follow the judge's instructions and find that the prosecutor failed
to meet government's burden of proof beyond a reasonable doubt? The
documentary presents these questions without directly asking them, deftly
leading the viewer to the right issues without using a cattle prod to get
there.
The strength of Part II lies in more fully exploring the complexities inherent
in the criminal justice system by taking a more expansive look at three cases.
The Akeem Jackson case explores the complex relationship between crime and
punishment. Neither side disputes that Jackson caused the death of his
two-year-old neighbor. On the one hand, Jackson's youth (15-years-old at the
time of the killing) should diminish somewhat his moral culpability. Debates
rage as to whether a boy of his age can form the requisite intent sufficient to
punish him as an adult. On the other hand, the brutality of the crime and the
youth of the decedent, Raheem Dixon, merit a harsh penalty. Although the
prosecutor consults with Dixon's parents before accepting the plea, it is
arguable that the parents bear some responsibility. The parents, the argument
runs, maintained a home that was filthy, bedecked in feces, and in no way
suitable for a child. In addition, the parents chose to leave their
two-year-old, for long periods of time, in the charge of a 15-year-old boy. In
the parlance of civil law, they were potentially culpable of "contributory
negligence" in bringing about the death of Raheem. Whether this relieves
Jackson of some responsibility and supports him getting a better deal is a
central question in determining how much jail time Jackson should serve.
The Downey brothers' case presents yet another tension common to the criminal
justice system. One brother, Joe, was distinctively less culpable than the
other brother, Dan; but the prosecutor offered a "wired" plea agreement,
requiring both brothers to accept. Thus, because Dan declined an offer that
would have led him to a sentence of roughly 20 years, Joe was not permitted to
accept a plea agreement that would have capped his jail exposure at 7-10 years.
In the end, both brothers are convicted, and the judge is required by statute
to sentence both men to life in prison. The ethical dilemma here is whether it
is fair to make the most important decision of a defendant's life contingent on
what someone else does - a contingency totally outside of his control. Crudely
put, because of Dan's decision, Joe's exposure to prison rocketed from a
minimum of 7 years to a minimum of 35 years (when Joe will get his first chance
to go before a parole board).
The third case shows Lisa Medeiros, a public defender in Part I, now a private
attorney representing a mother in a child abuse case. The mother, Georgia
Robinson, appears to be in substantial denial regarding her problems in caring
for her children. She has lost custody of her children, and there appear to be
credible accusations of abusive conduct. The prosecutor, Eileen Murphy, lusts to
lock-up Ms. Robinson but has a real problem herself; the children do not want
to go to court and testify against their mother. As a frustrated Murphy makes
increasingly attractive plea offers, it becomes clear to Medeiros that the
children are balking at testifying and that dismissal is likely. Murphy makes
a final offer that involves putting the case on the back burner for two years.
If Ms. Robinson completes counseling, the case will be dismissed. It's a deal
that, despite the likelihood of dismissal, Medeiros strongly believes her
client should accept as there is no real harm to the client and some potential
benefit. When Ms. Robinson gives in to Medeiros' pressure to plead, one
wonders what the client's real feelings are about how her lawyer is treating
her.
While the camera is attentive to Ms. Robinson, and several of the other
defendants portrayed, we never hear from her (or them) about their feelings
regarding their lawyers. The viewer gets the clear picture that the lawyers
care and that they are working hard, under the constraints of the system, to
obtain good results for their clients. But we do not hear whether the
defendants feel their lawyers are acting too much like part of the process and
not enough like advocates battling forces intent on depriving them of their
liberty. At times, the camera turns to witnesses, complainants, and jurors,
giving them a chance to discuss their views on how the system is working. What
"Real Justice" does not explore is how defendants feel about the criminal
justice system -- and their lawyers -- after their cases are processed.
As impressive as Part I is for its access and Part II for its thought-provoking
questions, one aspect of urban American criminal justice is conspicuously
absent: the role of race. Race indisputably plays a dramatic role in the way
criminal defendants are treated in this country. Yet "Real Justice" ignores
the issue, save a brief mention by Damien Howell, the black defendant in the
case involving a white gay couple. This omission is noteworthy given the
troubling correlations between race and policing, race and prosecution, and
race and judicial discretion. An oft-cited 1992 estimate by the United States
Public Health Service, for example, reported that while 76% of illicit drug
users in this country were white, 14% black, and 8% Latino, blacks account for
35% of all drug arrests, 55% of all drug convictions, and remarkably, 74% of
all sentences for drug convictions. Similarly, according to the National
Council on Crime and Delinquency and the Substance Abuse and Mental Health
Administration, a black juvenile is forty-eight times more likely to be
imprisoned for a drug offense than a similarly situated white youth. These
statistical correlations, and like proofs, provide eloquent testimony that
race-based disparate treatment is a significant problem in our criminal justice
system. Given "Real Justice's" effort to be a snapshot more than an
overview, the omission is understandable, but any portrait of contemporary
American criminal justice is incomplete without attention to such an important
detail.
Those quibbles aside, "Real Justice" offers a remarkable portrayal of what
happens every day in urban criminal courts across this country. The conscious
decision to forego commentary throughout the film -- to allow the players and
pictures to speak for themselves -- provides a rare, valuable, and unvarnished
view of a system that struggles under its own weight every day. The
documentary is must-see-TV for anyone interested in what really counts for
justice in the United States today.
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