14. "The Conspirator" (2010)

"Have you never believed in something far greater than yourself?"

(Robin Wright as Mary Surratt)

The first film from Robert Redford's new venture, The American Movie Company, "The Conspirator" tells the story of Mary Surratt (played by Robin Wright), tried as the eighth conspirator (and lone woman) in the assassinations of President Abraham Lincoln and Secretary of State Seward and the attempted assassination of Vice President Andrew Johnson. Redford does an excellent job of bringing the terror of the country - and the internal moral tension of attorney Frederick Aiken - to light. The film comes at a time when one of the main themes of the film - the moral justice of trying civilians in military tribunals without the protections protected by the Constitution - is especially important, given the moral quandary our country finds itself regarding the disposition of "enemy combatants."

The Film: "The Conspirator" begins with our main character, Frederick Aiken, on the field of battle in the Civil War. We are shown that he is a man of good moral fiber who fought for the Union. We then see the conspirators enacting their plot to assassinate the president, vice president, and secretary of state on that fateful day in April 1865. Soon thereafter, they are rounded up, as is Mary Surratt.

Surratt and the other conspirators are tried in a military tribunal. These tribunals did not allow for the accused to testify in his or her own defense, nor is the prosecution required to give a list of evidence or witnesses in advance to the defense. In other words, the defense is blindsided by the prosecution's case, not having time to prepare an actual defense until they are sitting there in the courtroom. The tribunal is overseen by nine Union generals; guilt is assumed and the defense must prove innocence.

Surratt retains Maryland Sen. Revendy Johnson, who soon asks his friend (and likely his mentee) Frederick Aiken to take over as lead counsel because his loyalty to the Union is questioned (though he once served as U.S. Attorney General). Aiken struggles with this because he does not actually believe that Mary Surratt is innocent of the charges against her, but throughout the film he comes to realize that a person's guilt or innocence does not make him or her less worthy of a strong defense.

The bulk of the film takes place in the courtroom, where Aiken defends Surratt. At several points, Aiken makes objections to the prosecution's case (for legitimate reasons, such as hearsay) but they are overruled. However, when it is Aiken's turn to question the prosecution's witness, he is not permitted to ask questions that would impugn the integrity or credibility of the witness because "the witness is not on trial."

Though the bulk of the film takes place in the courtroom, Redford does an excellent job in portraying the salient political (and social) issues going on as well. Aiken's friends do not understand why he is defending a guilty person, especially one who would dare murder the president (especially a president as beloved by the Union as Lincoln). Secretary of War Stanton often explains that "someone needs to pay for the murder of our president," and insists that Mary Surratt must hang for her crime (which was unheard of at the time). He is adamant that swift and certain justice must happen, or the country cannot effectively mourn its president. At one point, Stanton says that Surratt must hang to maintain the peace that had been garnered by Lee's surrender to Grant - the Union citizens deserve justice, and the Southerners need to know that treason will be punished.

I won't give away the ending - though, if you know the story, you know how it ends. Aiken does his best and goes the distance, even securing a writ of habeas corpus (essentially, a civilian judge agrees that the military tribunal overstepped its bounds and orders Mary Surratt be transferred to the civilian court). Unfortunately, Secretary Stanton will not be undone - he goes to President Johnson and secures a suspension of the writ, and Mary Surratt's fate remains the same.

The Reality: I was deeply touched by this film. Tom McAvoy (who plays Frederick Aiken) is one of my favorite actors (he will forever be Mr. Tumnus to me!) and does an exceptional job portraying the moral war that Aiken wages, both internally and with those around him. He struggles between his moral duty as an attorney to provide a sound defense, regardless of your personal opinions, and his strong loyalty to the Union and his beloved president, Abraham Lincoln. As the film progresses, he comes to realize that even in times of war, America cannot abandon her ideals, or there is no point to any of it. The same protections in the Constitution that should have been afforded to Mary Surratt during this period are the provisions that could protect me should I be accused of a crime. The Founding Fathers wrote the Constitution to protect us from tyranny - no matter the form it may come in, even extreme patriotism. It was painful as a criminal justice major to watch the system in which I so firmly believe be warped into such an ugly, unmerciful thing as it became during the years following the Civil War. One only hopes we have learned not to let history repeat itself.

"Those who would give up a bit of liberty for a little security deserve neither liberty nor security." (Benjamin Franklin)

13. "Public Enemies" (2009)

"We're having too good a time today. We ain't thinking about tomorrow."

(Johnny Depp as John Dillinger)

The film "Public Enemies" is based on the criminal career of John Dillinger, specifically once he is targeted by the FBI and Special Agent in Charge Marvin Purvis. There has been discussion as to whether the film is accurate; director Michael Mann attempted to make everything as real as possible, but some critics have argued that he romanticized Dillinger to the point of making people sympathetic to him and his cause. The film stars Johnny Depp as John Dillinger and Christian Bale as SAC Marvin Purvis, along with Channing Tatum as Pretty Boy Floyd, Jason Clarke as Red Hamilton, Stephen Graham as Baby Face Nelson, and Marion Cotillard as Dillinger's girlfriend, Billie Frechette.

The Film: "Public Enemies" chronicles the period during the Great Depression known as the "public enemy era" of crime. The Federal Bureau of Investigation is just coming into prominence under J. Edgar Hoover (in fact, the film shows Hoover's difficulties in securing more power and money from Congress to create a stronger FBI) and Hoover knows that if his agents can catch the big name criminals of the day - Bonnie and Clyde, Baby Face Nelson, Pretty Boy Floyd, and John Dillinger - the FBI will be much more respected. He makes it his mission to take these men down.

The film begins in 1933 with Dillinger going to the Indiana State Prison with friend Red Hamilton to break some of his friends out of prison. Purvis chasing down (and catching - and killing) Pretty Boy Floyd. This apprehension of a "public enemy" brings him to the attention of Hoover, who tasks him with catching Dillinger and his gang. John Dillinger and his gang at this time are bank robbers (as were most major criminals in the public enemy era).

There are a few main points about this movie that deserve being noted. I will do my best not to give away what happens, but it might prove inevitable.

1. A key part of this film - and the real story of John Dillinger - is the effect of the mafia on Dillinger's life in Chicago. Early on, he lives openly in Chicago because the mafia protects him (and he has some of the police officers on his payroll). However, Dillinger's activities (and the activities of other criminals in the public enemy era) anger authorities so much that the FBI urges Congress to make interstate crimes the jurisdiction of the FBI. Since many mafia families conduct activities in multiple states, their operations would come under the scrutiny of the FBI (as opposed to remaining under the radar since no single state could get the full picture of their criminality). This change in policy made the mafia lift its protection of Dillinger, putting him in intense danger.

2. Agent Purvis is promoted to catch Dillinger and his gang, but several mishaps ensue, leading Baby Face Nelson to escape capture. The ineptitude of most FBI agents at the time was due to the fact that a person had to be an agent regardless of their job at the FBI. Thus, many people were agents who were vastly unqualified and untrained. Purvis prodded Hoover to professionalize the FBI, which he did. Purvis adds a Texas Ranger friend to the task force in hopes of professionalizing the agents under his purview. This professionalization of the FBI was the beginning of increased acceptance for the FBI and the beginning of an illustrious career for Hoover.

3. Dillinger was caught only because the FBI found the woman who was housing Dillinger and was able to elicit cooperation in exchange for keeping her illegal immigration status a secret from immigration enforcement. She arranged with the FBI to have Dillinger take her and her friend to a movie that evening. Dillinger took them to a film at the Biiograph Theater in Chicago. After the movie, he was shot in the street by one of the FBI agents after he reached into his pocket (the agent believed Dillinger was reaching for a gun).

The Reality: The film does an excellent job of describing the difficulties J. Edgar Hoover had in forming the FBI as we know it today. Most people would not recognize the FBI in its 1930s form, as it has come quite a long way. Now agents are the best of the best, trained for months at the FBI academy in Quantico, VA and are extremely professional. Purvis was the first to insist upon using true investigating techniques, leading the way for scientific method in the FBI.

The public enemy era was the era which most people think of when they think of bank robberies. And John Dillinger (and his contemporaries, such as Bonnie and Clyde) were the reason that interstate crimes were pursued so harshly by the FBI - and continue to be to this day. Without this crucial era, we would not have as strong of an emphasis on interstate crimes, which has been extended from merely bank robberies to include interstate homicide, kidnapping, drug and human trafficking, and organized crime.

12. "Murder by Death" (1976)

"Locked from the inside. That can only mean one thing. And I don't know what it is." 
(Peter Falk as Sam Diamond)

In a tribute to Peter Falk, who died earlier this week, I thought I'd find one of his movies to put on here. Since "The Princess Bride" is hardly a crime movie, I found this gem instead. "Murder by Death" is a comedy murder mystery romp with twists and turns you never see coming. It was penned by the legendary Neil Simon, famous for having finished the script of "The Odd Couple (1968) after his brother, Danny Simon, was unable to finish it. "Murder by Death" was nominated for a Writers' Guild of America award (Best Comedy Written Directly for the Screen - Neil Simon) and a Golden Globe award (Best Acting Debut - Truman Capote), though it won neither.

The Plot: "Murder by Death" begins with Lionel Twain (Truman Capote) inviting the five greatest living criminologists to have dinner at his home. These individuals are intended to be famous detectives from novels, all of whom have a perfect record (no case has gone unsolved or has been solved incorrectly). They are Milo Perrier (James Coco), Sam Diamond (Peter Falk), Jessica Marbles (Elsa Lanchester), Dick Charleston (David Niven), and Sidney Wang (Peter Sellers). Each of them come with someone else: Perrier comes with his chauffeur, Marcel (James Cromwell); Diamond comes with his secretary, Tess Skeffington (Eileen Brennan); Charleston comes with his wife, Dora (Maggie Smith); Marbles comes with her nurse, Mrs. Withers (Estelle Winwood); and Wang comes with his adopted son, Willie (Richard Narita).

The ten of them are seated for dinner, where their host finally reveals himself and outlines the plan for the weekend: He wagers $1 million against their reputations that he can stump them with a murder mystery. One of the people seated at the table will be killed - he or she will be stabbed 12 times with a butcher knife. This is to happen at midnight.

At midnight, they learn that the one who dies is in fact their host. He is stabbed, 12 times, just as he said. The ensuing investigation involves disappearing blind butlers (Alec Guinness), disguises on top of disguises, and an ending you don't ever see coming!

The Relevance: This is another film that centers on the idea of private detectives, though in this case, they are detectives and criminologists from popular novels. It's hard not to see the correlation of Jessica Marbles to Miss Marple or Jessica Fletcher; Sam Diamond is similar to Sam Spade of "The Maltese Falcon" (even the voice and language used by Peter Falk in portraying Sam Diamond is similar to the mannerisms and demeanor of Humphrey Bogart in the film adaptation). Dick Charleston seems to be a connection to all "gentlemen detectives" in the novel world, encompassing names like C. Auguste Dupin (Edgar Allan Poe), Sherlock Holmes (Sir Arthur Conan Doyle), and Lord Peter Wimsey (Dorothy Sayers). Unlike other gentlemen detectives (e.g. Roderick Alleyn and Inspector Morse), these gentlemen detectives are amateur civilians rather than actual police officers. Perrier is an obvious duplicate of Hercule Poirot (Agatha Christie) and Sidney Wang is clearly Charlie Chan (Earl Derr Biggers).

In terms of murder mystery as a genre, "Murder by Death" is much-duplicated in several respects. The idea of a mystery dinner party in which guests must solve crimes is obviously connected to the later film "Clue" (1986), and the use of various aspects (e.g. dinner party, many different detectives in one room, and murder mystery "whodunnits") are found in countless films.

"Murder by Death" is witty in an old-school fashion, often relying on situational or verbal comedy rather than slapstick. It's a more refined comedy that sets it apart from newer comedies that rely on stupidity to make people laugh.

11. "3:10 to Yuma" (2007)

"Someone ought to have the decency to bring him to justice."

(Christian Bale as Dan Evans)

"3:10 to Yuma" is a western, but it deals with the realities of justice in the west. As a lifelong Arizonan, I can appreciate that :) This movie held some surprises for me, actually, as this film is actually a remake of the film of the same name made in 1953.

The Plot: The film centers around Dan Evans (Christian Bale), who is an Arizona rancher (somewhere near Bisbee) struggling to make ends meet. He owes money to Hollander, the local loanshark who owns Evans's land (we are led to believe Evans is essentially a sharecropper of the ranching variety), and goes into Bisbee to talk to Hollander, but witnesses a stagecoach robbery by the infamous Ben Wade (Russell Crowe) and his crew. Wade is apprehended and escorted to Contention, AZ to catch the 3:10 train to Yuma prison. The railroad, which owns the stagecoach that was robbed, has been robbed several times (at some point it is mentioned that Wade robbed the railroad company 22 times), so they hire Pinkertons to escort him. Evans agrees to accompany them for $200 (quite a sum in the 1860's). Evans has inner demons he must fight throughout the film; he was a Union soldier in the Civil War and lost his leg during battle, for which Uncle Sam paid him $198 and change. Eventually, Evans is the only one left of their small cadre of "escorts" to get Wade onto the train. Wade actually goes willingly, getting on the train even after Evans is shot by members of Wade's crew trying to "rescue" him.

The Criminal Justice System: To say there was a "system" of justice in the wild west is idealistic; there was a system in place of roaming judges and U.S. Marshals to "keep the peace," but typically justice was left to local sheriffs and vigilantes (think any western you've ever seen - they are actually pretty accurate, in general). Vigilantism, or the idea of posses and the general public taking revenge when the system fails to do so, is common. In many territories, local sheriffs had no formal training and probably only one deputy (if he was lucky), so going up against gangs of outlaws was unlikely (because really, most sheriffs weren't John Wayne). U.S. Marshals played an important law enforcement role in the western territories, as they apprehended fugitives and ensured criminals showed up for court (especially federal courts, that could be hundreds of miles away through dangerous wilderness). This role has not changed in 150 years.

The Pinkertons were also an interesting addition to the film. The Pinkerton Detective Agency was founded in 1855 by Allan Pinkerton. Pinkerton claimed to have foiled an attempt to assassinate president-elect Abraham Lincoln, who later hired his firm to be his bodyguards during the Civil War (the U.S. Secret Service was not created until 1865, and even then it was created to combat currency counterfeiting - its presidential protection detail did not begin until the assassination of President McKinley in 1901). The Pinkertons grew to be so big that it was estimated that they employed more guns-for-hire than the U.S. Army; in fact, the state of Ohio outlawed the company for fear it would mount a militia that would overthrow the government.

Pinkertons were a private security firm, and were hired by several big-name business moguls in the late 19th and early 20th centuries, including Andrew Carnegie. Thus, the idea that the Pinkertons would protect the railroad interests is not unlikely. The private nature of the security also means that it is contracted, thus not having a vested interest beyond a certain point, so it also explains why Butterfield (the Pinkerton in the film) would walk away from his assignment (escort Wade to the train) given the right motivation (10 of Wade's crew outside the hotel where they were staying until the train came into town, along with 20-30 townspeople "deputized" by Wade's second-in-command, Charlie Prince). They were ruthless, but had a price.

10. "The Black Dahlia" (2006)

"The basic rule of homicide applied: Nothing stays buried forever. Corpses. Ghosts. Nothing stays buried forever. Nothing."

(Josh Hartnett as Dwight "Bucky" Bleichert)

"The Black Dahlia" is based on the real-life murder of Elizabeth Short in 1947, which to this day remains unsolved. It is one of California's most infamous crimes. The film stars Josh Hartnett as Dwight "Bucky" Bleichert and Aaron Eckhart as Lee Blanchard, both Los Angeles police officers and former heavyweight boxers. The film also stars Scarlett Johansson as Kay Lake, Lee's live-in girlfriend (quite the scandal in the 1940's) and Hilary Swank as Madeleine Linscott.

The Plot: Since the murder was never solved, this is the director and writers' take on who actually murdered Elizabeth Short. The film begins with Bleichert and Blanchard boxing against each other to promote a city bond that would give a raise to the police department (a whole 8 cents!). After the match, they become friends and partners, with Blanchard getting them both assigned to homocide. They are originally tasked to take down some organized crime bosses, but when Ms. Short (named "the Black Dahlia" by the press) is murdered, Blanchard becomes obsessed with solving her murder. Through a series of investigations, Bleichert learns that the Black Dahlia looks strikingly similar to Madeleine Linscott, daughter of wealthy construction mogul Emmett Linscott and lesbian call-girl (also a scandal for the 1940's). The ensuing investigation uncovers not only corruption and conspiracy within the police department but also a cover-up by the wealthy Linscotts, but not to protect the person you'd think.

The Criminal Justice System: The film brilliantly describes the corruption that was rampant in police departments in the mid 1900's (and some would argue still continues today, though not as blatantly). Organized crime was often tolerated for a price, as the police were terribly underpaid (note the significance of an 8 cent raise). Policing in the 1940's was the end of the political era of policing and beginning to start into the professional era; however, larger departments took longer to professionalize their forces. As such, it is clear in the movie that the LAPD still engaged in ruthless and less-than-scrupulous activities during this time. (Some would argue that LAPD still engages in such activities, but that is a discussion for another day.)

The film on its merits (acting, screenwriting, etc.) was not exceptional, but the description of the criminal justice system was excellent.

9. "Goodfellas" (1990)

"As far back as I can remember, I always wanted to be a gangster."
(Ray Liotta as Henry Hill)

"Goodfellas" has been a whole lot of surprises for me! First, I did not realize it was directed by Martin Scorsese (and I now understand the line in "The Holiday" where Cameron Diaz's character says "Happy red, not Scorsese red."). Second, it is based on a true story, which I did not know. And third, it has many lines which I have heard in eclectic settings and didn't realize where they came from (a la "Get your shine box!"). "Goodfellas" won an Oscar in 1991 (Best Actor in a Supporting Role - Joe Pesci) and was nominated for five more (Best Actress in a Supporting Role, Best Director, Best Picture, Best Film Editing, and Best Screenwriting), won five BAFTA Film Awards (Best Direction, Best Costume Design, Best Editing, Best Film, Best Screenplay - Adapted) and was nominated for two more (Best Actor and Best Cinematography), won a Bodil Award (Best Non-European Film), won three Boston Society of Film Critics Award (Best Film, Best Director and Best Supporting Actor), and won five Chicago Film Critics Association Awards (Best Director, Best Picture, Best Actress, Best Supporting Actor, and Best Screenplay).

The Plot: The film stars Ray Liotta as Henry Hill, a half Italian/half Irish boy in Queens who gets a job as a teenager doing errands for the Italian guy across the street, Paul Cicero. Paul also runs the crime syndicate of Queens, so his father isn't so happy, but Henry likes it because he belongs. He gets older and gains more trust and clout within the organization, though he is never "made" because he's not full-blood Italian. The film goes through his life, including his marriage to a non-Italian Jewish woman and her perspective of the "mob life." The traditions and values of the mob - "Never rat on your friends and always keep your mouth shut" (Robert De Niro as Jimmy Conway) - come crashing down around Henry when, in the 1980s, he decides to take up dealing cocaine, but does so under Paul's nose with the help of two gangsters (not part of the Cicero family organization, more like "consultants" with no home office) Jimmy Conway (Robert Di Niro) and Jimmy DiVito (Joe Pesci).

The Criminal Justice System: Sadly, the film is pretty accurate when it comes to the criminal justice system's traditional approach to organized crime. Typically, the system attempts to get an informant (a rat), which usually will not bode well for said informant (they don't tend to last long). Many cops, since they are vastly underpaid and terribly overworked, come under the thumb of the organizations, looking the other way for what seems like free money. At the end of the film, Henry and Karen Hill are offered spots in the witness protection program in exchange for dropping drug conspiracy charges and rolling over on the Cicero crime family as well as Jimmy Conway. This, too, is accurate - the Federal Witness Protection Program offers protection to many people involved in crimes, some of them criminals themselves and some of them simply witnesses who were in the "wrong place at the wrong time." The American criminal justice system has yet to create a comprehensive plan for dealing with organized crime, and the film probably best illustrates why: The organized crime families are providing a service that is needed by people who cannot go to the police because of their own criminal involvement.

"That's what the FBI can never understand - that what Paulie and organization offer is protection for the kinds of guys who can't go to the police. They are like the police department for wiseguys."
(Henry Hill)

All in all, the film is an excellent one, and a great masterpiece of Scorsese that really typifies the organized crime enterprise. Though it has a good amount of swearing, most of the violence is in the old-school fashion (it happens off-screen, but is implied) so it's not too gory.

Oh - and this post is dedicated to my friend, Lisa Dario, who has been wanting me to add this film for months. :)

8. "Just Cause" (1995)

"Every now and then, you have to get a little bloody. It's good for the soul."

(Kate Capshaw as Laurie Armstrong)

The Plot: Bobby Earl was convicted in 1986 of raping and killing Joanie Shriver in south Florida. At the beginning of the film, we see Earl arrested by a white officer, and subsequently beaten by him. Later in the interrogation, he was threatened by black sheriff Tanny Brown (Laurence Fishbourne). Eventually, Earl confesses to the crime and is convicted by an all-white jury and sentenced to death. Eight years later, Earl contacts Paul Armstrong (Sean Connery), who is vehemently anti-death penalty. Eventually Armstrong agrees to help Earl, who claims he was falsely convicted. Armstrong and his family go to Florida (where Armstrong's wife, Laurie [played by Kate Capshaw], has family) and Armstrong begins talking to everyone involved in the case. Very quickly, Armstrong can tell that the town does not want the case re-opened. Armstrong works to prove that Earl didn't commit the crime, and eventually does with the help of Earl's fellow inmate, serial killer Blair Sullivan (Ed Harris), who claims that he raped and killed the little girl. Armstrong goes to court and gets the clemency board to release Earl based on evidence that Sullivan was the real culprit (tape recorded conversation with Sullivan and a letter he wrote from prison to the Shriver family). During the investigation, the viewer learns that Armstrong's wife was the prosecutor in a kidnapping case in 1985 in which Earl was charged and the case went to trial, though it was later dismissed. Earl lost his scholarship to Cornell University because of the trial. After Earl is released from death row, he comes after Laurie Armstrong (and her daughter, Kate Armstrong), kidnapping them and taking them out into the swamp. Armstrong deduces that Bobby Earl did in fact rape and kill Joanie Shriver, but he had convinced Sullivan to take the heat for him so he could take care of "unfinished business." In return, Earl would kill Sullivan's parents (his unfinished business). With the help of Sheriff Brown, Armstrong manages to kill Earl before significant harm comes to his wife or daughter.

The Criminal Justice System: This film demonstrated two points. First, it exposed the racism that is prominent in this country, even in the 1980s. What happened to Bobby Earl in the beginning of the film likely wouldn't occur today because of videotaping and other surveillance measures in place in interrogation rooms across the country, but other tactics (like keeping them in an interrogation for 22 hours without food, water, or sleep) do still occur. Additionally, the racism of police and others in the criminal justice system still exists and can alter the outcome of a case, often leaving the defendant without recourse. A defendant is at the mercy of the courts once he or she has been convicted, hoping that a judge will agree that an all-white jury is contrary to due process, or that a coerced confession cannot be admitted into evidence. Second, the film exposed one of the difficulties people have with the death penalty: That you would execute an innocent man. In the same vein, the film also showed that sometimes, the system comes to the correct conclusion, even if the process was wrong. In this case, Bobby Earl was rightly convicted, but his case was handled very poorly.

In all, this film is very well done and a great look into the intricacies of the death penalty and the racism that still permeates our criminal justice system, even in 2011.