What Can Writers Learn From the 1979 film AND JUSTICE FOR ALL?

Book excerpt from A Lawyer's Primer for Writers: From Crimes to Courtrooms by defense lawyer Shaun Kaufman and PI-writer Colleen Collins.

Ten of Our Favorite Legal Films: And Justice for All

And Justice for All (1979): Starring Al Pacino, Jack Warden, John Forsythe and Christine Lahti; directed by Norman Jewison. In the story, Pacino plays jaundiced lawyer Arthur Kirkland, who openly deplores the lack of justice in the law. Pacino received an Oscar nomination for best actor, and the writers, Valerie Curtin and Barry Levinson, received a nomination for best original screenplay.

Shouldn’t one be concerned that our criminal justice system seems more intent and efficient in locking up drug offenders than in prosecuting complex, white-collar, corporate crime?
— Defense lawyer Arthur Kirkland, "And Justice for All"

Kirkland’s grim view of justice increases after he’s forced to represent a judge he despises (played by Forsythe) who has been charged with rape. Their mutual dislike provides an ongoing strong, compelling conflict in the story.

So how did Kirkland get forced to defend a judge he despises? Seems the judge blackmailed Kirkland by threatening to report him for disclosing a client’s confidentiality. This premise is somewhat questionable as it is not entirely clear if Kirkland really committed an ethical violation, but it is also plausible enough to shift the story into a higher gear.

Cast of Quirky Characters

There’s also a cast of quirky characters in And Justice for All, including a nutso judge, played brilliantly by Jack Warden, who acts out his suicidal impulses by eating his lunch on a high-up window ledge and testing how far he can fly his helicopter on a near-empty tank of gas. Too eccentric? Possibly. However, if the agency overseeing judicial conduct for that jurisdiction were informed about a ledge-eating, empty-tank flying judge, and it validated that this was true, his days sitting on the bench would come to an abrupt end.

A judge once stopped proceedings because he saw werewolves prowling the courtroom

A judge once stopped proceedings because he saw werewolves prowling the courtroom

On the other hand, as long as this whacky judge isn’t reported, his eccentricities could continue for a while. Trust us on this one. Shaun, a criminal lawyer for several decades, once had a judge who stopped proceedings because he saw werewolves prowling the courtroom.

And then there was the time in a high-profile, tension-filled trial, where the judge kept checking out a Playboy magazine that no one saw except the defense (Shaun) and prosecutor whenever they approached the bench to discuss a legal point.

Law vs. Justice

And Justice for All is an incisive examination of corruption and ethics within the justice system. It is also a story about the disparity between following the word of the law versus justice being served. Maybe one of these issues sparks an idea for your legal character or story.

At the end of And Justice For All, Kirkland (Pacino) delivers a mild-melding, no-holds-barred opening statement that is a masterful display of honesty and an indictment of the folly of the legal system that every lawyer wants to give, and what no ethics board would ever allow. That alone is a reason to watch this movie.

-End of Excerpt-

Historical Research: Download Maps, Charts and Atlases for Free

In this digital age, we're accustomed to snapping pictures with our smartphones and sending them instantly to others, but not so long ago in the history of the world, people had to draw diagrams, pictures and maps to share information. 

English colonies, 1754 Norman B. Leventhal Map Center at the Boston Public Library

English colonies, 1754 Norman B. Leventhal Map Center at the Boston Public Library

Free Downloads of Historical Drawings and Maps

Boston Public Library offers free downloads of historical maps, drawings, charts and more from its Norman B. Levanthal Map Center for non-commercial purposes under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license. A great resource for researching a story set during one of the eras within the collection, such as the American Revolutionary War.

If you download any of the images, the Boston Public Library asks that you provide one of the following attribution lines:

(From the Leventhal Map Center's collections:)
"Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library"

(From a separate collection (example: Richard H. Brown Revolutionary War Era Maps:)
"Map reproduction from the [NAME OF COLLECTION] collection of the Norman B. Leventhal Map Center at the Boston Public Library"

Sample Maps and Diagrams from the American Revolutionary War

Below are a few of maps and drawings from the American Revolutionary War, including several drawings by Paul Revere, a southwest view depiction of New York city in 1763, and a drawing for the encampment plan for British forces in 1780. 

SW view of New York city, 1763 - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library

SW view of New York city, 1763 - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library

 

Planned Boston massacre, 1770 (diagram by Paul Revere) - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library

Planned Boston massacre, 1770 (diagram by Paul Revere) - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library

Drawing of plan for encampment of British forces, 1780 - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library

Drawing of plan for encampment of British forces, 1780 - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library


Ships of war, Boston 1768 (drawing by Paul Revere) - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library

Ships of war, Boston 1768 (drawing by Paul Revere) - Map reproduction courtesy of the Norman B. Leventhal Map Center at the Boston Public Library


Source: http://maps.bpl.org/view_collection

Book Excerpt: THE UNGRATEFUL DEAD - A romantic-mystery at a coroners' conference

I loved The Zen Man and really had fun catching Rick and Laura’s first case in the prequel, The Ungrateful Dead. These novels have everything I love in a mystery: smart dialogue, a flawed hero, a little romance and a great plot. Murder at a coroner’s conference? What could be more fun!
— Nancy Warren, USA Today Bestselling Author of the Toni Diamond Mysteries

Hello everyone, 

The Ungrateful Dead is a finalist in the 2015 Aspen Gold Reader's Choice Contest! Winners to be announced in early October.

Below is the opening scene from The Ungrateful Dead, a novella that introduces Rick and Laura, a private-eye team who I like to call the "21st-century Nick and Nora" as they attempt to have a romantic weekend at a coroners' conference...that is, until there's a murder. Its sequel, The Zen Man, is a full-length mystery novel that continues the tale of Rick and Laura as they investigate another crime.

Click on the cover to your right to go to its Amazon page.

Excerpt: The Ungrateful Dead

“A Deadhead at a coroner’s conference,” said my date Laura, giving me a look over her martini.  “That’s either too weird or too perfect.” 

We stood in the crowded banquet room at the Independence Lode in Cripple Creek, Colorado.  This hotel and casino was named after a gold mine that was discovered in eighteen-something by a grubstake miner whose find made him the richest man west of the Mississippi.  People still trekked up to Cripple Creek with dreams of striking it rich at the casinos, although mostly they lost money while swilling free booze and trying to get laid.  Not the ambiance I’d have picked for the Colorado Coroners Society’s annual conference, but then ex-junkie, suspended attorneys like me are the last people to pass judgments.  Out loud, anyway.

The lights in the room had been turned down to create a moody atmosphere conducive to mindless chitchat, although it was difficult to imagine anyone in this crowd of coroners, morticians and cadaver groupies doing anything mindlessly.  Especially chitchatting.  Hell, it was difficult to imagine me attending a Dead gig unless the band was playing.  But the CCS, the abbreviated moniker used by the coroner in-crowd, had offered me three nights in a froufrou Victorian B&B, all expenses paid, to speak about what to say, but more important what not to say, in court.  Seemed some rural coroners had gotten loose-lipped and screwed up a DA’s ability to prosecute several key cases this past year, which made me a living-for-the-music Deadhead trying to teach a few courtroom tricks to the dying-is-a-living Deadheads.

“Yeah,” I finally answered.  “It’s too perfect.”

I watched Laura’s lips--their color like dark, sweet cherries--pucker as she took a sip.  Earlier, she’d told me that the lipstick color was called Burgundy Bistro, which had made me wonder if a chef was moonlighting as a copywriter for the make-up company.  But it wouldn’t matter if she slicked on a color called Eggplant Eatery, it was what was underneath those luscious, supple lips that mattered.  Lips I’d gotten to know well these past three months.

She swallowed, lowered her glass.  “Did you ever tell me how that band got the name Grateful Dead?”

Laura’s sincere interest was a far cry from my ex-wife’s, whose hatred of the Dead bordered on the pathological.  After I moved out, she took my original ’67 poster of the Dead at Whisky A-Go-Go in Los Angeles—a collector’s item probably worth several hundred dollars, but priceless to a Deadhead—and stuck it under her Lexus to catch leaking oil.

I like to think of myself as a forgiving kinda guy, but after discovering the plight of that poster I spent an entire week plotting my revenge, which mostly revolved around paying a tattoo-artist buddy to ink a Grateful Dead bear on her sorry ass after one of her too-much-box-wine nights.  But eventually I let it go.  Well, except for referring to her thereafter as Wicked—short for Wicked Wench of the West—but otherwise, I let it go.  Already had enough karma on my plate, plus it would’ve been a waste of good ink. 

I responded to Laura’s question.  “It has something to do with the soul of a dead person being grateful to the charitable person who arranged their burial.  Although more likely, Jerry was stoned outta his gourd and it sounded cool.”  I took a swig of my root beer.  

Laura laughed, making me feel taller and funnier.  

Across the room, a blur of movement snagged my attention.  A woman slouched in the doorway, backlit from the lights in the hallway.  Couldn’t make out her features, but I’d recognize that mop of blond curls anywhere.  The way she dragged her hand through those coils, periodically tugging one as though trying to straighten it, meant she was either pissed-off or nervous.  I’d seen her wear that first emotion a lot.

“Good evening, everyone,” announced a woman’s voice over the speakers.

The chattering and clinking dropped several decibels.

“This is Dr. Susan Kebler.  I invite you to direct your attention to the podium at the front of the room and welcome Mr. Kevin Voight, Executive Director of the Aspen Community Medical Foundation, who will be announcing this year’s recipient of the Forensic DNA Research Grant.”

A smattering of applause.  At the podium there was some fumbling, followed by static thumping noises.

“Is this on?” asked a male voice.

“Turn up the lights,” someone yelled.

Overhead fluorescents popped to life, their stark light leeching the room of its party atmosphere.  At the podium stood a man I presumed was Kevin Voight, pushing forty, dressed in a summer linen suit that set off his seamless tan. 

“He looks familiar,” I murmured to Laura.

“Probably because he looks like Tom Cruise.”

“Really?  Ask me, Tom’s a bit past his sell-by date.”

She flashed me a jealous-are-we? look, which I pretended not to see.  

Truth was, yeah, Kevin had that Tom Cruise thing going for him.  Although after Kevin-Tom started talking, I realized movie-star looks can only take a dude with no personality so far.  Kevin came across like a robot.  Stiff and in dire need of some inflection when he spoke.  On and on he went in that relentless tone, acknowledging anybody and everybody who’d ever set foot on the planet.  Finally, he gave the award to the Colorado Association of Clinical Something-somethings.

Afterward, Laura and I mingled and made small-talk with several coroners I hoped wouldn’t see either of us again for a long, long time.  When she and I were alone I typically did most of the talking, but put us at a social gathering and Laura morphed into an expert schmoozer, a skill I chalked up to her years as an executive at TeleForce, a telecommunications giant based in Denver.  She’d once tried to explain to me exactly what she did, but my brain had liquefied when she started talking about technology infrastructure and scalable architecture.  Laura had the brains of a geek underneath her wild-girl rocker Grace Slick looks, the way Slick looked in her ultra-cool Jefferson Starship days when she had raven hair and wore dramatic eye make-up.  

Although sometimes Laura’s left eye squinted slightly, as though she were scrutinizing something you’d just said.  Minor nerve damage, she’d once explained, the result of a teenage motorcycle accident.

Several root beers and an assortment of canapés later, I heard a buzz in the room.  People were whispering fervently, sharing some piece of news.  And from their closed, tight looks, it was bad news.

An athletic, fiftyish woman with short-cropped gray hair nudged her way past me.  As she paused to sneeze, holding a tissue to her nose, I read her name tag.  Dr. Susan Kebler, Coroner, Teller County.  The county for Cripple Creek, the site of this conference.  Tucking the tissue into her pocket, she crossed the room to a grim-looking cop, who briskly led her away.

I caught snatches of conversations around me.

“…on the premises…”

A snorting laugh.  “Live by the sword, die by the sword.”

“Where’s his wife?”

The cell phone in my shirt pocket vibrated.  I checked the unfamiliar caller ID, figured it might be a new client.

“Levine Investigations,” I answered.

“Natalie.”

She’d always exaggerated her a’s—a Connecticut thing, she’d said—so whenever she said her name it sounded like a traffic jam of vowels butting up against consonants.

I glanced at the doorway where I’d seen her, but she’d split.

“I think I’m in trouble,” Natalie continued.

Through the phone, I heard background noise.  Sirens.  People yelling.

“Can you come to the construction area behind the casino?” she asked.  “Police just arrived.”

Thoughts T-boned in my mind.  Cops?  Natalie was obviously free to make calls, so how much trouble could she be in?  On the other hand, she was the last person who’d want to call me unless she really needed my help. 

 “Be right there.”  I ended the call and glanced at my watch.  Twenty to ten.

Laura’s brow furrowed.  “What’s up?”

“Not sure.”  I looked around, noticed others were migrating toward the exit, punching numbers into their cells.  “How ‘bout I meet you back at our room?”

I took her by the elbow and guided her toward the exit.  As we passed a tray, she drained the last sip of her martini and set the empty glass on it.

“Think it’s something I can’t handle?”  Laura asked.

“Maybe.”

“Gruesome?”

I flashed on the cop’s stony expression as he spoke to Dr. Kebler.  “Probably.”

Laura halted, her wide-set blue eyes boring into mine.  “If I was game enough to join you for a romantic weekend at a coroner’s conference,” she whispered huskily, “I’m game enough for whatever’s in store.”

Gruesome had never been so alluring. 

“Laura,” I murmured, trying not to let her I’m-game look override my better sense, “I don’t doubt you’re strong enough to handle many things, but I’m guessing there’s a body.  A dead one.”

She rolled her eyes.  “I worked at a nursing home the summer after high school.  I’ve seen dead bodies before.”

“Yeah, aging ones succumbing to natural causes.”

“Dead is dead.”

“True, but I’m guessing this is more like ugly dead, something a lady like you shouldn’t see.”  I gave her my best tough-guy-with-a-heart smile.  The kind Tom Cruise wished he could give, and one I wished I felt.

Truth was, I didn’t know if I could handle the reality of what lay out there.  Not the sight of a corpse—I’d seen photographs of dozens over the course of my criminal defense career—but the harrowing reminder of what death demands from the living.

The truth.

I’d failed to seek that that in the Willard case.  

Of course, only a stupid defense attorney actually asks a client for the truth, as in did he or she do the dirty deed.  You don’t want to hear your client say he killed the victim because your role is to fight for your client’s rights, win the best deal, hell if you play it right your client walks away as if he’d never committed the most egregious, heinous act possible to another human being.  I still remembered watching Willard damn near skip down those courthouse steps, flashing a cocky grin that chilled me to my marrow…because at that moment I knew I’d helped free a killer…

I barely felt Laura’s arm as she wove it through mine and steered us toward whatever lay ahead. 


For fans of The Zen Man, this novella provides a more comprehensive background story for Rick and Laura, the characters who have already captured your imagination. For newcomers to Colleen Collins’ mysteries, this is a perfect introduction to the full-length novel.
— Christopher Gill, author

Crime Scene Investigations: Diagrams and Articles for Writers and Researchers

crime scene tape.jpg

While working on my current romantic-suspense novel proposal, I went trolling on the Internet to find some examples of arson investigations (the story involves a federal arson investigator), when I stumbled across a site called SmartDraw, a software product that helps people capture their thoughts/information as pictures. It contains numerous examples of mind maps, report templates and flow charts for different kinds of crime scenes -- handy for writers needing to understand the different types of investigations and their processes.  

Examples of Crime Scene Charts

Screen shot 2014-02-28 at 12.15.29 PM.png

Below are some examples from SmartDraw of crime scene charts and diagrams. 

You can also download a diagram for free, then use that image as a brainstorming tool for such things as a character's motivation or story crime scene. For researchers and investigators, these images provide a basic starting point for customization.

Order of Crime Scene Investigation Example

Crime Scene Investigation Models of Motive Example

Establishing the Role of First Responders - Preserve the Fire Scene

Mind Map of Threats of Evidence at a Fire Scene

Crime Scene - Drug Possession in Automobile Example

Examples of Crime Scene Reports

Below are some report examples from SmartDraw.

Screen shot 2014-02-28 at 12.24.20 PM.png

Crime Scene Investigation Report

Autopsy Report for Crime Scene Investigation Example

Gunshot Forensic Pathology Report for Crime Scene Investigation Example

Autopsy Report for Crime Scene Investigation Example

Other Crime Scene Resources

The Crime Zone: Software to create crime scene diagrams. You can use the product free ten times with no restrictions.  

Crime Scene Diagrams/Presentation: A PowerPoint presentation via TeachWeb.com.

Crime Scene Sketch Activity: This document was a homework assignment for teams creating crime sketches. Information includes types of sketches, scaling, equipment, labeling and more.

forensic-classroom.com: Crime scene forms, classroom activities and forensic/evidence publications.

Book Sale March 1-7, 2015: A Lawyer's Primer for Writers

Put together with the user in mind, this intelligently organized handbook for practicing writers will make you sound like a practicing lawyer. Use it to transform your courtroom characters from stereotypes into engaging people
— Warwick Downing, former DA in Colorado and author of The Widow of Dartmoor, a sequel to Hound of the Baskervilles

A Lawyer's Primer for Writers: From Crimes to Courtrooms will be on sale March 1-7, 2015 - The earlier you buy it that week, the more you save!

Below is a table of sale dates and prices - for example, buy it on March 1 for 99 cents, and you'll save 88 percent off the regular $7.95 price!

Tropes: To Use or Not to Use in Storytelling?

I used to think a trope was a bad thing, assigning it the taint of a cliche. Well, a trope can become a cliche if overused and bludgeoned senseless, but I wasn't bothering to think beyond that.

Took me a while to realize...

Tropes Are Not Bad

The key for genre writers is to balance well-known tropes with innovation

The key for genre writers is to balance well-known tropes with innovation

I have a writer friend who says that one reason she started hitting the New York Times best seller lists was she began applying tropes in her stories. I'm reading one of her books now, and I see exactly what she's talking about. The story is based on a "rescue romance" trope where Person A rescues Person B, causing Person B to fall in love with Person A. Think the knight in shining armor who saves the damsel in distress who the knight later weds. Except this writer did a fun, entertaining twist on this trope -- it's the woman in short-shorts who saves the guy in distress, and readers couldn't buy this book fast enough.

Tropes are not only a good thing, some believe their outright omission can negatively affect readers. In the article "Genre Tropes and the Transmissibility of Story," the authors state "When familiar tropes are missing or unfamiliar tropes present, this can lead readers to reject a story outright."

The Power of Tropes

Here's a quote from TV Tropes on "Tropes as Tools":

Stories such as The Christmas Carol, where a human is visited by the past in the form of a ghost, use the happily ever before trope.

Stories such as The Christmas Carol, where a human is visited by the past in the form of a ghost, use the happily ever before trope.

Tropes are just tools. Writers understand tropes and use them to control audience expectations either by using them straight or by subverting them, to convey things to the audience quickly without saying them.

Human beings are natural pattern seekers and story tellers. We use stories to convey truths, examine ideas, speculate on the future and discuss consequences. To do this, we must have a basis for our discussion, a new language to show us what we are looking at today. So our storytellers use tropes to let us know what things about reality we should put aside and what parts of fiction we should take up...it's impossible to write something completely and utterly without tropes, anyway, so strop trying.

When Good Tropes Go Bad

On the other hand, using tropes doesn't mean go nuts with them. A trope can help a story, but it shouldn't be the story. Like my writer friend, she didn't pluck a tried-and-true trope off the shelf and make it her story; no, she took a tried-and-true trope and gave it an entertaining spin. 

Also, a trope isn't a "fix" for a story. If the writing's skillful, the characters complex and the plot is well-paced and interesting, a story can be thin on the trope side. Conversely, if a story is in bad shape, imposing a trope on it doesn't magically heal the story and make it better.

Time for me to get back to writing my new book proposal. In it, I've started with the popular trope opposite attract, which is basically a story where two very different people learn about the world through each others' eyes. This trope has worked for many stories, from Neil Simon's The Odd Couple to just about every buddy-cop story around. 

Tropes. Don't leave a story without 'em.

New Year's Day: It's History and Apps for Keeping Resolutions

History of New Year's Day and Resolutions

There are references to the Babylonians, around 2000 B.C., celebrating New Year's in March.

Resolutions started in 153 B.C. with Janus, a mythical Roman king, who had two faces -- one to look at past events and the other to the future--and became an ancient symbol for resolutions.  Janus was also the protector of arches, doors, gates, endings and beginnings, as well as the patron of bridges.

Janus status at Pointe Fabricio, the oldest bridge in Rome, erected in 62 B.C. Fable is that touching its head brings good luck.

Janus status at Pointe Fabricio, the oldest bridge in Rome, erected in 62 B.C. Fable is that touching its head brings good luck.

In 46 B.C., Julius Cesar developed a calendar, based on a 365-day solar year, that better represented the seasons than previous calendars. The Romans named the first month after Janus, hence our January.  At midnight on December 31, the Romans liked to think of Janus as looking back on the old year, and ahead to the next one.

The Abolishment and Return of January 1 as New Year's Day

In medieval Europe, the celebrations accompanying the new year were considered pagan, and in 567 the Council of Tours abolished January 1 as the beginning of the new year, and celebrations moved to different dates throughout Europe: December 25, March 1, March 25, the Feast of the Annunciation and Easter.

In 1582, the Gregorian calendar reform reinstated January 1 as new year's day.

Resolutions in Colonial America

As recently as the 17th century, Puritans in Colonial America frowned upon the liberality and overindulgences of New Year's Eve celebrations, some even calling January "the First Month" to avoid referring to Janus. Instead, they lectured their children on being reverential on New Year's Eve by reflecting on the past year and making resolutions for the year to come.

Apps to Help you Keep Those Resolutions

I can't personally vouch for any of these, although I'm looking for some type of goal-keeping app so I'll be checking these and others over the next few weeks.

21Habit

Lifetick

Habitforge

Weekplan

CheckMark Goals

Happy New Year gold letters.gif