NATIONAL UNIVERSITY OF SINGAPORE FACULTY OF LAW Academic Session 2007 / 2008 Semester I LC2002 TRIAL ADVOCACY

CASE THEORY LECTURE A Few Good Men Movie Synopsis From http://www.imdb.com/title/tt0104257/plotsummary In this dramatic courtroom thriller, Lt. Daniel Kaffee (Tom Cruise), a Navy lawyer who has never seen the inside of the courtroom, defends two stubborn Marines (Wolfgang Bodison and James Marshall) who have been accused of murdering a colleague. He (Cruise) is known as being lazy and had arranged for a plea bargain. Downey's (Marshall) Aunt Ginny appoints Cmdr. Galloway (Demi Moore) to represent him. Also on the legal staff is Lt. Sam Weinberg (Kevin Pollak). The team rounds up many facts and Kaffee is discovering that he is really cut out for trial work. The defense is originally based upon the fact that PFC Santiago, the victim, was given a "CODE RED". Santiago was basically a screw-up. At Gitmo, screw-ups aren't tolerated. Especially by Col. Nathan Jessep (Jack Nicholson). In Cuba, Jessep and two senior officers (J.T. Walsh and Kiefer Sutherland) try to give all the help they can, but Kaffee knows something's fishy. In the conclusion of the film, the fireworks are set off by a confrontation between Jessep and Kaffee. Written by Matt Curtolo {curt@epix.net}

The Writer The screenplay was written by Aaron Sorkin. Extract from a Biography on Aaron Sorkin from http://www.imdb.com/name/nm0815070/bio In 1989 he received the prestigious Outer Critics Circle award as Outstanding American Playwright for the stage version of "A Few Good Men", which was later nominated for a Golden Globe. The idea for the plot of "A Few Good Men" came from a conversation with his older sister Deborah. Deborah was a Navy Judge Advocate General lawyer sent to Guantanamo Bay on a case involving Marines accused of killing a fellow Marine. Deborah told Aaron of the case and he spent the next year and a half writing a Broadway play, which later led to the movie. Sorkin has gone on to write for many movies and TV shows. Besides A Few Good Men (1992) he has written The American President (1995) and Malice (1993), as well as cooperating on Enemy of the State (1998), The Rock (1996) and Excess Baggage (1997). In addition, he was invited by Steven Spielberg to "polish" the script of Schindler's List (1993). Sorkin's TV credits include Golden Globe-nominated "The West Wing" (1999) and "Sports Night" (1998).

National University of Singapore Faculty of Law

AY 2007 2008 Sem I Introduction to Trial Advocacy Case Theory using A Few Good Men

Wikipedia extract (with edits by LLT, plus paragraphing changes) An inexperienced Navy lawyer, LTJG Daniel Kaffee (Tom Cruise) leads the defense in the court-martial of two Marines, PFC Louden Downey and LCpl Harold Dawson, who are accused of murdering a fellow Marine of their unit, PFC William T. Santiago, while stationed at Guantanamo Bay Naval Base (also referred to as Gitmo. The movie is based on a Gitmo case tried jointly by former LT Don Marcari (now in private practice in Virginia Beach, VA), former LT Chris Johnson (now in private practice in L.A.) and former LT David Iglesias (who was fired as US Attorney from NM).

THE DEFENCE LAWYER Kaffee is son of the late Lionel Kaffee, who held the positions of Attorney General and Navy Judge Advocate General. Kaffee is portrayed initially as a lazy lawyer with a reputation for pleading out or pleading guilty, which means that there is no need for a trial. He has never stepped foot into a court room.

THE VICTIM Santiago exhibits substandard performance as a Marine. He complains of health conditions that his superiors are ignoring, and is generally disliked by everyone in his company for not being able to live up to the name of a United States Marine. He has gone out of his way to request a transfer off the base, even going so far as bargaining for one in exchange for blowing the whistle on fellow Marine, LCpl Dawson, for an "illegal fence-line shooting" to the NIS (Naval Investigative Service). THE OFFICERS AT GITMO Base commander at Gitmo at the time of Santiagos death is Col. Nathan Jessep (Jack Nicholson). He is a powerful, highly decorated senior Marine officer, being considered for the position of Director of Operations for the National Security Council. In the movie, Jessep is shown reading Santiagos letter of request for transfer containing his bargain to two subordinate officers; Lt Col. Matthew Markinson (J.T. Walsh), and 1st Lt. Jonathan Kendrick (Kiefer Sutherland). Jessep and Kendrick are incensed that Santiago would do this, and Markinson is the only one who wants to go ahead with transferring Santiago off the base. However, Jessep gives a speech about their duty as officers to train those who defend their nation, ending with a sarcastic reference to "surrendering our position in Cuba". He then makes the decision not to transfer him. Markinson questions it and, after Lt. Kendrick is dismissed, is reprimanded for questioning Jessep's authority in the presence of another officer.

THE DEFENCE TEAM Lt. Cdr. JoAnn Galloway (Demi Moore) wants to be the defendants' lawyer because she

National University of Singapore Faculty of Law

AY 2007 2008 Sem I Introduction to Trial Advocacy Case Theory using A Few Good Men

suspects that the Marines were carrying out a "Code Red" order, a military colloquial term for extrajudicial punishment, from their commander, but she needs the approval from a captain of the JAG division first. The captain, however, realizes that if a "Code Red" is mentioned in court, the case will receive unwanted publicity. In order to spare the reputation of the Marine Corps, the U.S military, and Col. Jessep, the captain sends the case directly to Danny Kaffee as lead counselor. Lt. Sam Weinberg (Kevin Pollack), more serious and studious than Kaffee, is assigned as assistant counselor. THE PROSECUTION Capt. Jack Ross (Kevin Bacon) a U.S Marine himself, is the prosecutor for the case, and he plays baseball with Kaffee.

AN ATTEMPT AT A PLEA-BARGAIN Kaffee tells Ross that he will accept a 12 year sentence for the men for involuntary manslaughter, but Ross rejects it, and counters that he will seek 20 years for the murder and drop the charge of "Conduct unbecoming of a U.S Marine". Kaffee asks Ross what he knows about Code Red, and Ross warns Kaffee not to open up a can of worms, and that he'll give the men the requested 12 years for involuntary manslaughter. Kaffee starts to believe his clients' innocence because Jack relented so easily. DEFENCE INVESTIGATES On visiting the Naval Base, the legal team is told that Santiago had been destined for immediate transfer off the base. There is a transfer order to show that Santiago was to have left on the first available plane to the United States at 0600 hours the day Santiago was found dead. WHAT REALLY HAPPENED It transpires during the movie that Jessep had created a lie created to avoid prosecution, since his ill-conceived notion of training and punishing Santiago (using the Code Red) had led to his accidental death. Code Red are supposed to have been banned. To avoid detection, Jessep makes Markinson sign a retroactive transfer order on the morning of the defense counselors' arrival, and even has flight log records altered to show that he could not have had Santiago flown to the United States any sooner than had been "planned" - Santiago died at approximately 00:30 and Jessep claimed he was due to be on the first available plane to the United States at 06:00. The next available flight had been at 23:00 the preceding evening (1 hour before Santiago died). THE DEFENCE CASE Kaffee attempts to establish that the defendants were in fact acting under the orders of Col. Jessep and Lt. Kendrick. Kendrick says that he ordered his men not to harm Santiago in any way. Dawson testifies that this was true, but that after Kendrick had dismissed the men he came into Dawson's room and told them to give Santiago a Code Red. At the trial, Jack finds out that Downey wasn't actually in the room with Dawson when

National University of Singapore Faculty of Law

AY 2007 2008 Sem I Introduction to Trial Advocacy Case Theory using A Few Good Men

Kendrick gave the Code Red order to Dawson, something that the defense team didn't know about. This is a problem because there is no other evidence to support the defence case. Markinson, the other office involved, commits suicide before he can take the stand. Kaffee knows that the only way to win would be to have Jessep admit he ordered the Code Red, which seems impossible. WHY THIS MOVIE IS GOOD FOR TRIAL ADVOCACY The key turning point is Kaffee's successful attempt to proving that Jessep ordered the "Code Red" by subtly provoking Jessep and causing him to voluntarily confess the truth in court in a moment of anger. Of course, this only happens in the movies.

Jessep:You can't handle the truth! Son, we live in a world that has walls. And those walls have to be guarded by men with guns. Who's gonna do it? You? You, Lt. Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know: that Santiago's death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives. You don't want the truth. Because deep down, in places you don't talk about at parties, you want me on that wall. You need me on that wall. We use words like honor, code, loyalty...we use these words as the backbone to a life spent defending something. You use 'em as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom I provide, then questions the manner in which I provide it! I'd rather you just said thank you and went on your way. Otherwise, I suggest you pick up a weapon and stand a post. Either way, I don't give a damn what you think you're entitled to!