And Justice For All
written by Valerie Curtin & Barry Levinson
Arthur Kirkland: Your Honor, Mr. Foreman, ladies and gentlemen of the Jury, my name is Arthur Kirkland, and I am the Defense Counsel for the Defendant, Judge Henry T. Fleming. [indicates Judge Fleming (John Forsythe), his client] Now, that man over there [indicates DA Bowers at the prosecution table]-- he's the prosecuting attorney, and he couldn't be happier today. He is a happy man today, because today he's going after a JUDGE, and if he gets him...if he gets him, he's gonna be a star. He's gonna have his name in this month's Law Review - Centerfold! Lawyer of the Month! Now, in order to win this case, he needs you, naturally. You're all he's got, believe me. So he's counting on tapping that emotion in you that says "Let's get somebody in power. Let's get a JUDGE." However, these proceedings are not about that. These proceedings are here to see that Justice is done. And Justice, as any reasonable person will tell you, is the finding of the Truth. And what is the Truth today? One truth, a tragic one, is that that girl has been beaten and raped. Another truth is that the prosecution doesn't have a witness, does not have one piece of substantiating evidence other than the testimony of the victim herself. Another truth is that my client voluntarily, and the prosecution is well aware of this fact, voluntarily took a lie detector test...
DA Bowers (Craig T. Nelson): [jumping up] Objection, Your Honor!! That's inadmissable evidence!! Come on!!
Arthur Kirkland: ...told the truth!
Judge Rayford (Jack Warden): The jury will disregard that remark! Polygraph tests have not been proven 100% reliable, therefore inadmissable in a court of law!
Arthur Kirkland: Sorry, Your Honor....Let's get back to Justice. What is Justice? What is the intention of justice? The intention of justice is to see that the guilty people are punished and the innocent are freed. Simple, isn't it? Only it's not that simple. However, it is the Defense Counsel's duty to protect the rights of the individual, as it is the Prosecution's duty to uphold and defend the laws of the State. Justice for All. Only we have a problem here. And you know what it is? Both sides want to win. We want to win! We want to win regardless of the Truth! And we want to win regardless of Justice! Regardless of who's guilty or innocent! WINNING is everything! That man there [indicates DA Bowers again] wants a win so badly today, it means so much to him, he is so carried away with the Prospect of winning, the IDEA, that he forgot something absolutely essential to today's proceeding. He forgot his case. He forgot to bring it. I don't know, I don't see it, do you? The prosecution's case! He's gotta have one. Not a witness, not one piece of substantiating evidence other than the testimony of the victim herself! Ladies and gentlemen of the jury, I have a case to end all cases! I have witnesses for my client, I have character references, testimonials that are backed up from here to Washington DC! I got lie detector tests that are...
DA Bowers: [jumping up again] Objection!!
Judge Rayford: Objection sustained!
Arthur Kirkland: Oh, sit down Frank!
Judge Rayford: Mr. Kirkland, you are out of order!
Arthur Kirkland: [takes a moment to gather himself] The one thing that bothered me, the one thing that stayed in my mind and I couldn't get rid of it, that haunted me was WHY. Why would she lie? What was her motive or lying? If my client is innocent, She's Lying. Why? Was it blackmail? No. Was it jealousy? No. Yesterday, I found out why. She doesn't have a motive. You know why? Because she's not lying. And ladies and gentlemen of the Jury, the prosecution is NOT gonna get that man today, No! Because I'M GONNA GET HIM! My client, the Honorable Henry T. Fleming, SHOULD GO RIGHT TO FUCKING JAIL! The sonofabitch is GUILTY!
[The jury rears back from Kirkland and total pandemonium breaks out in the courtroom]
Judge Rayford: Mr. Kirkland!!
Arthur Kirkland: That man is guilty! That man there, that man...
DA Bowers: [jumping up and staying up] Your Honor! The State demands a retrial!!
Arthur Kirkland: That man is a slime! He is a slime! If he's allowed to go free, something really wrong is going on here!
Judge Rayford: Mr. Kirkland, you are out of order!! [gavels for quiet]
Arthur Kirkland: You're out of order! You're out of order! The whole trial is out of order! [indicates the gallery which is up in arms by this point] They're out of order! That man, that sick, crazy depraved man...
Judge Rayford: All right, clear the courtroom! Clear the courtroom!
[He continues banging the gavel as the bailiffs begin to clear the court and the jury begins filing out)]
Arthur Kirkland: ...raped and beat that woman there, and HE'D LIKE TO DO IT AGAIN! He told me so! [trying to get the attention of the last jurors, who are now fleeing the jury box as the bailiffs grab Kirkland] It's just a show! It's a show! It's "Let's Make a Deal!" Let's make a deal! [The bailiffs drag Kirkland past DA Bowers' table] Hey, Frank, you wanna make a deal? I got an insane judge who likes to beat the shit out of women! Whaddaya want to give me, Frank? Three weeks probation?
DA Bowers: Dammit, Kirkland!
Judge Rayford: [gavelling crazily] Order! Order! Order in this courtroom!
Arthur Kirkland: [to his client, Fleming, who glowers at him] You sonofabitch, you! You're supposed to stand for something! You're supposed to protect people! But instead you fucking murder them! You killed McCullough!!
Judge Rayford: [continuing to gavel] I've had enough! Get him out of here!! [The bailiffs are now carrying Kirkland out the doors]
Arthur Kirkland: You killed him! Hold it! Hold it! I just completed my opening statement!!
[as the doors close and the crowd goes wild...]
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