Introduction

American television has taken a fantastical approach and often fictionalized dramatic approach to the courtroom, drumming up unrealistic courtroom moments and objectionable witnesses, facts, and storylines that draw in millions of views each season. The first fictional court show was 1957’s Perry Mason. The series examined the life and courtroom presence of Perry Mason, a Los Angeles criminal defense lawyer.[1] Perry Mason is arguably the quintessential standard for courtroom drama. Additionally, Law & Order: Special Victim Unit has shaped millions of people’s perception of the legal system. Influential movies like To Kill a Mockingbird, My Cousin Vinny, Better Call Saul, The Lincoln Lawyer, Your Honor, and Reasonable Doubt are staples of the genre that create high drama and interest and further misconceptions and falsehoods of court procedures, attorney conduct, corruptions, backdoor deals, and unsavory judicial decorum. Fortunately, real-life courtroom procedure isn’t anywhere near as dramatic.

Witness Testimony and Perjury

The most common television falsehood depicted in court dramas is blatant witness perjury. Television shows like Law & Order and Your Honor thrive on these moments in almost every episode. A witness’s lies may even lead to a “gotcha moment” when an unexpected new witness appears and provides undisputable proof that the prior witness lied. However, these shows fail to assess the felonious nature of providing untruthful statements on the stand, which can result in a fine or jail time. Although perjury does occur in the legal system, it is not as rampant as some may think. Generally, witnesses are called to testify and are often vetted in their testimony with corresponding pieces of evidence.

Manipulation of Evidence

Manipulation of evidence by any party often makes great television, as the other patty is forced to overcome a challenge, exertion, or an omission of guilt. For example, in a recent episode of The Lincoln Lawyer, Mickey Haller, a defense attorney, deliberately struck his client to obtain a genuine emotional response from his client to show his anger, which led to the defendant punching Mr. Haller. The judge ruled the altercation was too prejudicial for a jury, and the case ended in a mistrial.

While they make good television, these instances of bending and manipulating evidence are highly frowned upon and can result in fines, contempt of court, and discipline by the state bar. Attorneys are required to turn over witness lists, witness statements, expert reports, and tangible evidence they plan to present at trial with enough time for the parties to review and incorporate it into their case to ensure a fair trial.

Takeaway

Falsehood in the depiction of courtroom dramas can have a negative impact on the legal system. When a member of the public comes into court—whether it’s as a juror, witness, or defendant—they bring with them all the knowledge they’ve gleaned about the legal system over the years. For example, when a juror’s expectations of a courtroom are drawn from shows like CSI: Miami, it will negatively impact the juror’s ability to appreciate the circumstantial nature of cases or direct evidence. In television, there’s always a “good guy” who prevails by the end of the episode. If jurors approach a case with that mindset, they may not be able to appreciate the complexity of the facts and the analyses that need to be conducted in order to reach a just outcome.

Keep Reading

When Roads Diverge in the Wood: the Power of Risk in Building a Fulfilling Career and Stopping Nuclear Verdicts® Ask Atty: Scott Ruksakiati “Building” a Better Plan for Design Professional Expert Witnesses: Theater Patrons Trapped in Elevators After Architect’s Failure Actions With Far-Reaching Consequences: Brody v. Hoch,  Non-Resident Jurisdiction, and the “Long Arm” of the Law A First-Generation Lawyer’s Inspiration to Practice The Backbone of the Courtroom Colorado’s Statute of Limitations: No Exceptions for Delayed Grief From Pro Bono to Insurance Defense: A California Lawyer’s Path ‘McDonald’s Hot Coffee Case’ 30 Years Later: Revisiting the Original Nuclear Verdict®

Sources

[1] Andy Gillin, The Top 20 Best TV Lawyers, June 4, 2024, GJEL Accident Attorneys, https://www.gjel.com/blog/top-20-most-popular-fictional-tv-lawyers.