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My Cousin Vinny Essay

1191 words - 5 pages

My Cousin Vinny

The movie “My Cousin Vinny” is a comedy film of 1992, which is an amusing interpretation of the processes of the criminal justice system. The film depicts the procedures and processes of the court and criminal justice system. There are many things that have been depicted in the movie wrongly, but some are the correct depictions of the court proceedings and the criminal justice system. Many professionals have criticized the movie for its incorrect depiction of some of the procedures and processes. The movie taps different elements of the criminal justice system as a whole. There are countless individuals who do not realize the formalities, which go into actually being ...view middle of the document...

Vinny has never been into an actual court proceeding and this is the first actual court case he will be dealing. He makes countless mistakes during the trial but eventually manages to win the case along with the help of his fiancé.
There are many differences and mistakes, which have been made in the movie regarding the court and criminal justice system. When Stan and Bill get pulled over by the police, the sheriff has his gun drawn. In reality, the sheriff should have approached the car without the gun pointing at them and should have been searched thoroughly (Crede, 2012). The sheriff should have made sure that he has gotten the right suspects but instead he was so sure of himself that he immediately arrested them without even doing a body or car search. Bill and Stan did not even know why they were being arrested. They thought it was because of the tuna fish but instead they were being arrest on the suspicion of murder. The procedure which was followed by Sheriff of arresting the two friends applies only when the police have proof that they have gotten the suspects. The friends were being pulled over for a serious crime which is described in the book as “a relatively serious offense punishable by death, a fine, or confinement in a state or federal prison for more than a year” (Bohm & Haley, 2012, pp.34).
There has to be a probable cause or reasonable suspicions for making an arrest like this one. The probable cause or reasonable suspicion did not exist in this case. According to the Fourth Amendment and the Foreign Intelligence Surveillance Act, the probable cause or reasonable suspicion, in simple words means that it exists where there are sufficient circumstances and facts available for warranting a man with some caution in the beliefs that evidence or contraband of the crimes that have been committed will be found (Barry & Howard, 1995). According to the Terry v. Ohio case in Supreme Court of US, there should be sufficient probable cause or evidence, which justifies the police to stop and frisk or arrest (Bohm & Haley, 2012). When a probable cause or evidence has been established, the police or detectives are allowed to stop and frisk or arrest an individual. However, in the movie, the sheriff just went ahead and arrested them without a probable cause or reasonable suspicion.
At the time of the arrest, the Miranda warning or Miranda rights were not read to them. At the station they were merely asked if they knew their rights. The Miranda warning or Miranda rights is a warning to be given to a defendant who is in police custody of the...

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