Presumed Innocent (1990)

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After his former girlfriend is killed and he becomes the prime suspect, D.A. Rusty Sabich goes on a search to find the killer and becomes more involved in the case than he can possibly imagine.

We don't want to tell too much here because it might spoil it. Suffice it to say that if you haven't seen this film, it is one of the great legal dramas of all time.

The book that the film was based on is by Scott Turow, an excellent author of legal fiction.

What to do
Get some popcorn, rent the video, and watch the movie. Consider the themes and questions presented below. Even if you have seen it before, watch it again from the viewpoint of a paralegal-to-be.

Major Themes
Criminal prosecution; litigation strategies; evidence; investigation techniques and ethics

Relevant to this Segment

1. You may not appreciate it on first viewing, but this film is all about evidence and investigation. Notice how the legal maneuvering in court has to be firmly supported by facts found during investigation. Notice the scene where the Assistant D.A. Tommy Molto wants to testify about a conversation he had with the defendant (where the defendant stated (sarcastically) something to the effect of, "Sure, I did it." Notice the judge's reasoning for not allowing the testimony. Further, even if the Assistant D.A. had taken the stand, would his testimony as to the defendant's statement have been considered hearsay? Would it have been admissible?
   
   
2. Watch for the scene where the judge has to rule on the admissibility of a glass (containing fingerprints) that was obtained by the police but which the prosecution has now lost. The prosecution wants to be able to tell the jury that the glass had the defendant's fingerprints on it but the defense objects since the actual glass has disappeared. Pay close attention to the judge's instructions to the jury on this matter.
   
   
3. There are some great aspects of this movie concerning whether evidence is direct or circumstantial. While we will comment on those aspects at the end of this Segment, ask yourself this. Can a defendant be convicted on circumstantial evidence alone?

Alternate Film

• 12 Angry Men (1957) with Henry Fonda, E.G. Marshall, Jack Klugman, Jack Warden, and Lee J. Cobb. One of the great all-time legal films.

Additional comments will be provided at the end of this Segment.