MovieChat Forums > A Few Good Men (1992) Discussion > Why The Restrictions on Questions????

Why The Restrictions on Questions????

posted 4 years ago by Goliard (1421)
8 replies | jump to latest

All these years later, I'm still puzzled about one of the central issues in this story:
Jo warns Danny that if he asks Jessup straight up about the illegal order, he "could get in a lot of trouble." WHY on earth would there be such a restriction, in a trial? How on earth does it make sense to make ANY question off-limits?
Is this simply a case of the military protecting its officers, at any cost? Seems like a terrible policy; this movie is a perfect illustration why.

The judge says it explicitly, when Danny takes the plunge:
Danny: "And now I'm asking you, Colonel Jessup: Did you order the code red????!!!?
Judge: "You don't have to answer that question!"

WTF???

[–] aavfreak (3322) 4 years ago

The judge says it explicitly, when Danny takes the plunge:
Danny: "And now I'm asking you, Colonel Jessup: Did you order the code red????!!!?
Judge: "You don't have to answer that question!"

No one is required to answer a question that may incriminate them. That's why we have the 5th amendment.

As for the rest, I'm a bit rusty on my UCMJ knowledge, but there may be some consequences for accusing someone (higher officer?) of a crime without evidence. He couldn't insinuate that Jessup issued an illegal order without appropriate evidence to back it up.

[–] Goliard (1421) 4 years ago

"No one is required to answer a question that may incriminate them. That's why we have the 5th amendment."
I get that. . .but it seems pretty clear that (a) different rules apply here, and (b) that's not what the judge meant. It seems like he meant Jessup specifically, because he was a colonel, didn't have to answer it. Which is what's so puzzling to me.

"but there may be some consequences for accusing someone (higher officer?) of a crime without evidence."
But he didn't accuse him. He *asked* him. Earlier, he accused him of a BUNCH. . .but the specific question he asked was: did you issue an illegal order. Again, no idea why the military would object to questions being asked, no matter to who, no matter what the subject.

This movie seems to be a roadmap to why this policy is a hideously bad idea.

[–] kwestmo (4385) 4 years ago

You make a valid point, but we don't know if this is "movie " policy or real policy. I don't yet see an answer form anyone with real-world knowledge.

[–] Ranb (9616) 2 years ago

A Judge Advocate (Kaffee) has the same qualified immunity as any other attorney arguing a defense. Kaffee should not have any problem with accusing a superior officer of issuing the order especially after the defendants said the order was issued by another officer.

Jessup could have lied and said "no". But he allowed himself to be badgered by Kaffee. the shouting and interrupting of each other would not be tolerated by the judge in any court, especially since it has to be recorded for future reference.

[–] PaladinNJ (21510) 4 years ago

Kevin Bacon explained it. There was no justification for the question to be asked since Jessup and his men covered their asses and eliminated the evidence. Without cause he would be smearing the reputation of a decorated officer in public. That would ruin his career.

[–] Goliard (1421) 4 years ago

I'm probably not being clear. What I'm wondering is why the Absolute proscription against even asking the *question.*

In other words, "Did you order the code red" was interdicted. Clearly, this has a chilling effect on any investigative/jurist proceedings; it just seems counter to the central idea of a trial, namely: finding the Truth.

For a real-world example, if someone is on trial for murder, there's No Way the prosecutor would be prohibited from asking "did you kill this guy?"

Maybe there are real-world reasons for this, but it seems like a baked-in flaw in the system, which actually explains a Lot about how the real-world military works.

[–] kwestmo (4385) 4 years ago

I posted this above we don't know if this is "movie " policy or real policy. I don't yet see an answer form anyone with real-world knowledge.

[–] Goliard (1421) 4 years ago

I *vaguely* remember asking someone in the military about this, and from my fuzzy recollection they didn't know. Hoping someone with knowledge chimes in, as well. . .