Jack Nicholson played Colonel Jessep in A Few Good Men and uttered one of the more famous lines in movie history when he explained that Tom Cruise’s character, LTJG Kaffee, could not handle the truth. While this film is an interesting portrayal of a criminal case courtroom drama in a military setting, it suffers from a few inaccuracies. This is the case with many works of fiction that concern the courtroom, and artistic license is often taken to enhance drama, suspense, and to make for a better overall story.

In criminal proceedings, bargaining between the defense and the prosecution is an ongoing process, even during the trial. In The Courts in Our Criminal Justice System book, it is clearly explained that most criminal charges are settled out of court, in negotiations between defense and state attorneys (Meyer and Grant, 333). In addition, the appeals process typically means that a criminal case does not end at the first verdict. Trials can take years, and appeals can have the suspects awaiting judgment several times and, often, finding that the original verdict is altered or thrown out completely.

In films and television, often an original offer or deal is offered by a prosecutor and, when that deal is denied, the trial begins. This adds a layer of drama to the story. For characters charged with a criminal offense, the risk is that the prosecution will achieve a victory and, often, send them to prison for a longer period of time. Typically, the open negotiations between defense and prosecution are largely portrayed as a last chance for the sides to meet before the end of negotiations. This helps to build tension and drama and give the impression that, by going to trial, the fate of the case and the people involved is being put on the line completely.

A clear example of this dramatic strategy is found in A Few Good Men. In the film, a Navy attorney known for striking deals is assigned to defend two marines. He refuses to make a deal with his opposition after he begins to suspect that his two marine defendants are innocent. The film is largely concerned with the trial but, presumably, the ongoing bargaining is left out. Such bargaining undermines the adversarial relationship that is necessary to add conflict to the story. The movie climax deals with a character’s cross examination, during which, it is revealed that the two marines were ordered to carry out the crimes with which they were charged. While this is a powerful piece of cinema, it seems clear that bargaining between the two parties would have largely made such a huge revelation necessary in a real world court.

Though the bargaining process is not necessarily ignored by the movie, it is largely glossed over, as are a number of other procedures. Jury selection, pretrial motions, and other less exciting aspects of the courtroom are often glossed over in fiction, or not used as part of the film. This is presumably because they are more difficult or irrelevant to the process of creating drama.

In A Few Good Men, the trial is a military tribunal, held without a traditional jury and without a traditional court. A high-ranking military lawyer serves as the judge. The jury is replaced by a panel of military members. This is an accurate portrayal of military court, according to the Manual for Courts Martial in the United States information on a General Court-Martial. In addition to the accuracy found here, the rights of the accused seem accurate as well. LTJG Kaffee advises that the marines not testify, and neither marine is compelled to testify. In addition, the role of the prosecution and defense are accurately portrayed, as both sides attempt to argue their case. The prosecutor seems to be seeking justice, while the defense is set on protecting the rights of the clients. In these ways, the film is accurate in its portrayal of a courtroom, and even its portrayal of a military court-martial.

When watching the film, it is never apparent that excessive artistic license is taken. Most aspects of a trial are taken in to consideration, to include pretrial motions and pretrial bargaining between the defense and the prosecution. The counsel for the accused work tirelessly to ensure that their rights are protected and that the prosecution is forced to prove their case. In addition, the prosecutor, Captain Ross, seeks justice by offering to reduce the sentences of the marines. Witnesses are called and examined by counsel, with evidence presented. The backdrop of conspiracy and murder is somewhat over the top, but it does not seem to lead the courtroom proceedings to seem unrealistic, though the gathering of such evidence would seem to raise the eyebrows of those who understand how evidence gathering works in reality.