NOTE: THIS REVIEW GIVES AWAY PART OF THE ENDING. I HAVE PUT THREE ASTERISKS BEFORE AND AFTER THAT PART OF THE REVIEW.
I just found a copy of "Judgment in Berlin" (1988), which stars Martin Sheen, Sean Penn, and Carl Lumbly (Syney Bristow's partner in the TV-series "Alias"), among others. It's an excellent story, co-written and directed by Leo Penn (Sean's father).
Synopsis: Before the fall of the Berlin Wall, an East German man hijacks a plane bound for East Berlin and diverts it to West Berlin. Because he did not merely escape but committed hijacking, which the US government claims is "terrorism," he must stand trial in West Berlin in a specially-constituted American court. Sheen plays the judge. (Penn plays a young German who testifies for the defense; Lumbly a prosecutor.)
The government argues, among other things, that constitutional rights do not apply since the court is an "occupation court" which is a tool of the Department of State in its exercise of foreign policy, not an independent "Article 2" federal court.
((DON'T READ THIS PARAGRAPH IF YOU DON'T WANT TO KNOW THE END!)) ***The judge disagrees and in the end refuses to allow the defendant to be put into the hands of the government at all since he says he believes them when they say they won't respect his rights.***
Many of the legal arguments and aspects in the film mirror those being used today in US detentions and prosecutions both in the US and overseas. (For example, "unlawful enemy combatants" held in the US in military brigs, Guantanamo detainees, and several cases being prosecuted in Iraq.)
In other words, the film is accurate in its legal and political framework. The film, moreover, raises the same moral questions often NOT being raised or considered now in cases analogous to the one in the movie. The film is an excellent teaching tool about these issues.
Jennifer Van Bergen, J.D. Author of: "The Twilight of Democracy: The Bush Plan for America" (Common Courage Press, 2004), and other books and articles on issues of law and human rights.
I just found a copy of "Judgment in Berlin" (1988), which stars Martin Sheen, Sean Penn, and Carl Lumbly (Syney Bristow's partner in the TV-series "Alias"), among others. It's an excellent story, co-written and directed by Leo Penn (Sean's father).
Synopsis: Before the fall of the Berlin Wall, an East German man hijacks a plane bound for East Berlin and diverts it to West Berlin. Because he did not merely escape but committed hijacking, which the US government claims is "terrorism," he must stand trial in West Berlin in a specially-constituted American court. Sheen plays the judge. (Penn plays a young German who testifies for the defense; Lumbly a prosecutor.)
The government argues, among other things, that constitutional rights do not apply since the court is an "occupation court" which is a tool of the Department of State in its exercise of foreign policy, not an independent "Article 2" federal court.
((DON'T READ THIS PARAGRAPH IF YOU DON'T WANT TO KNOW THE END!)) ***The judge disagrees and in the end refuses to allow the defendant to be put into the hands of the government at all since he says he believes them when they say they won't respect his rights.***
Many of the legal arguments and aspects in the film mirror those being used today in US detentions and prosecutions both in the US and overseas. (For example, "unlawful enemy combatants" held in the US in military brigs, Guantanamo detainees, and several cases being prosecuted in Iraq.)
In other words, the film is accurate in its legal and political framework. The film, moreover, raises the same moral questions often NOT being raised or considered now in cases analogous to the one in the movie. The film is an excellent teaching tool about these issues.
Jennifer Van Bergen, J.D. Author of: "The Twilight of Democracy: The Bush Plan for America" (Common Courage Press, 2004), and other books and articles on issues of law and human rights.