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  3. Plot Holes?

Plot Holes?

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    #15

    JohnSmythe — 10 years ago(September 11, 2015 11:27 AM)

    I think it depends on the jurisdiction. In some states or countries, they might require a murderer to be tried separately from the accessory because it could unfairly prejudice the latter, whilst in others they might allow for it in order for the jury to get a more rounded view of the crime and all its elements.

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      JosephASpadaro — 10 years ago(November 09, 2015 08:50 PM)

      I think it depends on the jurisdiction. In some states or countries, they might require a murderer to be tried separately from the accessory because it could unfairly prejudice the latter, whilst in others they might allow for it in order for the jury to get a more rounded view of the crime and all its elements.
      Sometimes, the two suspects will be tried together, but there will be two separate juries (one for each suspect). In fact, this happened with the murders perpetrated by the Menendez brothers (Lyle and Erik).

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        ShooShooFontana — 10 years ago(October 10, 2015 07:28 PM)

        Another scenario of not severing the trials of two defendants is when 1 defendant actually committed the crime but there is no definitive evidence to conclude which one did, thereby creating reasonable doubt and causing a jury to find both defendants 'not guilty' merely because there's no way of knowing which of the two is actually guilty.

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          JosephASpadaro — 10 years ago(November 09, 2015 08:36 PM)

          First of all, I love My Cousin Vinny. I also realize it is just a movie, so it is not always going to be realistic. I don't know if the following examples are actually plot holes, but there were two things I really found unrealistic.
          When Bill and Stan are taken to prison, they most likely would not be put in the same cell. If anything, they would probably be taken to different prisons.
          The other part that would never happen is they would not be on trial together. Being that they were in on the "murder" together, they would have to have separate trials. I'm not an expert on the law, but am I right about this?
          Thanks for any responses you can give me!
          Actually, you are wrong on both counts.
          (A) There is no "problem" in putting them in the same cell. And there is no problem in putting them in the same prison.
          What you are probably thinking of is this. When two people are
          arrested
          at the same time - or police think that they are in cahoots in a crime - then, the police will make sure to separate them. They do this so that the two criminals (or suspected criminals) don't get the opportunity to discuss the case together and to "get their stories straight". The police then interview the two suspects separately, to find inconsistencies in their versions of events.
          (B) Criminals suspected of the same crime (that is, co-defendants) are tried together (at the same trial) all the time. All the time. Remember the two Menendez brothers, Lyle and Erik? They murdered their parents, and they were tried together.
          Also:
          As stated above, you are wrong on both issues. Even if you were correct, however, I don't believe that these are plot holes. They might be "goofs" (mistakes made by the film people). But they are not "plot holes", which usually means a missing fact or element that does not make sense within the perspective of the story-line or plot.
          For example, it can be questioned (and it has been) as to how Lisa would ever know that Vinny used the fake name of Jerry Callo. She knew about his using the name Jerry Gallo, but he never told her about the "Callo" variation that Vinny was forced to choose. (Unless, of course, he did this off screen.) So, Lisa never knew that Vinny's fake name given to the Judge is "Callo". Yet, she asks Vinny's mentor and friend, that New York judge, to provide a glowing report (resume) for a Jerry "Callo". How could she do that, if she had no idea that Vinny was now going by "Callo"? That is a plot hole. An unexpected contradiction that does not "fit in" with the plot.

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            xerox_10 — 10 years ago(November 21, 2015 08:15 AM)

            Also something very important and inaccurate is that they were charged for first degree murder and the D.A. did not had any proof of the planing of the murder, they should have been charged for second degree murder, this is very inaccurate to lawyers.

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              JosephASpadaro — 10 years ago(November 21, 2015 09:04 AM)

              Also something very important and inaccurate is that they were charged for first degree murder and the D.A. did not had any proof of the planing of the murder, they should have been charged for second degree murder, this is very inaccurate to lawyers.
              You don't need proof of "planning" the murder, in order for it to be first-degree.
              Probably, you simply need "pre-meditation" (which is different than "planning").
              One can (spontaneously) "pre-meditate" a murder, without a whole elaborate plan in place ahead of time. In other words, the killer can pre-meditate the killing/murder in an instant, in the blink of an eye. In the very second or two before he decides to shoot the gun.
              Also, it is possible that that state (Alabama, I think) defines first-degree as a murder that occurs during a robbery (or some such). In this case, the D. A. alleges that the murder took place during the course of the guys robbing the Sack-of-Suds convenience store.

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                #21

                willjohn — 10 years ago(November 22, 2015 01:48 AM)

                In a murder case in most Australian states (which operate under the British Legal System used in USA) if the victim is killed during the commission of a felony it is prima facie murder.

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                  JosephASpadaro — 10 years ago(November 22, 2015 11:18 AM)

                  Yes, of course, it is murder. The question is what degree of murder.

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                    #23

                    Sweetdee525 — 9 years ago(April 04, 2016 08:07 PM)

                    Felony murder (murder that occurs while in the commission of a felony) is usually in most jurisdictions characterized as first degree murder.

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                      JosephASpadaro — 9 years ago(April 18, 2016 09:36 PM)

                      That's what I said in my above post.
                      I said:
                      Also, it is possible that that state (Alabama, I think) defines first-degree as a murder that occurs during a robbery (or some such). In this case, the D. A. alleges that the murder took place during the course of the guys robbing the Sack-of-Suds convenience store.

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                        #25

                        mabostic — 10 years ago(December 04, 2015 11:36 PM)

                        lol some of these people are so rude! OP- I would like to apologize for anyone being a jerk to you on this post. Chill guys- it's just a message board about movies.
                        You can tell the people with attitudes are dudes that live in their moms house not getting laid. Go out and have an attitude with people in real life you guys!
                        #vaginasdoexist

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                          #26

                          JosephASpadaro — 10 years ago(December 05, 2015 05:37 PM)

                          lol some of these people are so rude! OP- I would like to apologize for anyone being a jerk to you on this post. Chill guys- it's just a message board about movies.
                          You can tell the people with attitudes are dudes that live in their moms house not getting laid. Go out and have an attitude with people in real life you guys!
                          Actually, this (above) was a pretty civil conversation and discussion.
                          In fact,
                          yours
                          was one of the ruder not to mention, more crass and adolescent posts here.

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                            #27

                            mabostic — 10 years ago(December 16, 2015 08:07 PM)

                            Yes because most posts on IMDB are drenched in maturity and not an ounce of sarcasm. It was a joke, so calm down. And I wasn't even referring to you, but if the shoe fits

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                              #28

                              JosephASpadaro — 10 years ago(December 16, 2015 11:19 PM)

                              Your posting doesn't merit a response.

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                                #29

                                mabostic — 10 years ago(December 17, 2015 05:42 AM)

                                ah, but here we are. 🙂

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                                  #30

                                  JosephASpadaro — 10 years ago(December 17, 2015 07:37 AM)

                                  OK, thanks.

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                                    #31

                                    baran_erik — 10 years ago(March 20, 2016 03:37 PM)

                                    They may not have been in the same cell, but most likely would have been held in the same facility, especially in such a small town. And why wouldn't they have been tried together. Charlie Manson and his three girls were tried together. Sacco and Venzetti , Leopold and Loeb and two of the West Memphis Three, to name a few.

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