MovieChat Forums > Conviction (2010) Discussion > How did going to law school help?

How did going to law school help?


I just saw this movie this last weekend and I had one lingering question: what role did her legal degree have in freeing her brother?

I'm an attorney who practices civil litigation in CA, so I admit I know very little about practicing criminal law in Massachusetts. That said, the movie never made clear to me how she used her GED, College Degree, and JD to free her brother. The only connection the movie makes between her becoming a licensed attorney and the freeing of her brother is that she learns about the innocence project while at law school. From that point on though, everything she does is something a non-lawyer could also have done.

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[deleted]


That was exactly my point in what bugged me about this movie. Her going law degree had no bearing on freeing her brother, or at least the film failed miserably in displaying how her being an attorney facilitated her brother's release. She wrote not one motion, did not go before a judge to argue for a new trial, and the stubborn DA who would not vacate the judgement at first...there was not even a conflict with her.

Her going to law school, and the supposed uncovering of evidence thought destroyed to take advantage of new DNA technology were mutually exclusive.


You pipple mek my ass twitch

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I don't think it portrays the actual reasons that led to her going to law school in the film. After numerous attempts by numerous lawyers to have evidence and testimony dismissed Kenny Waters felt that the lawyers he was being given were inexperienced and stopped trusting anything they said. He became depressed and hopeless and suicidal. They together made the decision that Betty Ann would become a lawyer because she was someone he could trust, someone that he believed would always work her hardest and be truthful with him.
Some people argue that because of the innocence project her becoming a lawyer was pointless, however the innocence project wasn't created until 1992 and was not a widely publicized or validated organization at that time. She also did not know about DNA evidence at all when starting out as it was just becoming a tool used in the court room. I believe she would have started school a couple of years before the first case where DNA would be used as evidence to convict occurred.

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The movie pretty obviously did not show every mundane little detail.

However...the average person walking in off hte street is not going to be given access to that box of evidence. So that alone shows that the movie DID show why she needed it.

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I think you missed the point of the question.

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Passing the BAR exam allowed her to pursue the DNA evidence much faster than having to rely on the Innocence Project to do it for her - that's how / why it helped.

Still, the whole point of the movie was to show her unyielding determination and love for her brother ... the 'becoming a lawyer' part was just a part of the overall theme.

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[deleted]

Yeah ...

Except the whole DNA evidence thing was not commonplace directly after the verdict. Hell, no one even knew what it was at the time. It didn't come into play until the late '80s / early '90s, and even then it wasn't as widely known as it is today.

But you know everything, right?

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I don't see how having a JD helped her move the case along quicker. I really can't think of one thing she did in this movie that someone without a JD couldn't also have done.

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But here's the thing--she had no idea how she was going to prove his innocence, just that she wanted to do so. Becoming a lawyer was, at the beginning, the only thing she thought she had to do. Like others have said, there was no such thing as DNA testing or the Innocence Project when she started law school. If she knew how it would all end, would she have spent the last 18 years in law school? Probably not, but she didn't know any other way to prove his innocence and it was the best thing she could think of at the time.

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^ Exactly.

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But here's the thing--she had no idea how she was going to prove his innocence, just that she wanted to do so. Becoming a lawyer was, at the beginning, the only thing she thought she had to do. Like others have said, there was no such thing as DNA testing or the Innocence Project when she started law school. If she knew how it would all end, would she have spent the last 18 years in law school? Probably not, but she didn't know any other way to prove his innocence and it was the best thing she could think of at the time.


I was going to say this too! At the time her brother went to jail, she just felt helpless and becoming a lawyer was the only way she could feel able to help him. Then when DNA research came out, she was able to get the evidence herself, instead of having to rely on others. Let's imagine if someone else, who didn't care as much, tried to get the DNA and lost/misplaced it. Or someone else, who wasn't his relative, got notified that "the evidence has been lost." They would have stopped looking right there. Having the law degree is the only reason she was able to get the evidence. She also gave a tearful plea to convince the clerk to go in the basement to look for the box, which nobody else would have done. If I recall correctly, after he was released from jail, she no longer practiced law. She did what she had to do to get him out, which was find the DNA evidence, which she needed a law degree to do. So going to law school DID have a bearing on proving his innocence. She just didn't know how or why it would help when she started going to school. Obviously the Innocence Project tried to get the evidence and couldn't, or they just didn't care about going down to the clerk's office and crying to get the box of evidence - only a sister could do that.

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Good thread.

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I don't see how having a JD helped her move the case along quicker.


What does it matter? She got a law degree and found herself a career.

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It's pretty simple. By having her degree and being a licensed lawyer, she, as her brother's attorney, could get access to information and get certain processes started that she couldn't do as a civilian. Yes, The Innocence Project helped out tremendously but they couldn't devote all of their resources on one case. So they agreed to help him but they needed someone like her who could devote their time to his case specifically.

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the whole point of the movie was to show her unyielding determination and love for her brother


In other words, her conviction that he was innocent.

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I think the point of her becoming a lawyer was made in the film: Kenny said no lawyer is going to be interested in my case, Betty Anne is the only one who cared that he may be innocent. So she wanted to make sure that he had a lawyer looking out for him. When she began her law degree she had no idea about the DNA stuff, she just wanted to prove him innocent. No one else would have taken his case.

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You're right, it didn't really show how it helped, and she could have done a lot of the things without the law degree. I think the main thing is that it made people take her more seriously. She repeatedly alluded to the fact that she was an attorney when seeking the evidence box. In real life, she apparently used that excuse to find out information about the case (using her friend's name and saying she was doing a paper on this case). She did also hear about DNA testing/the Innocence Project through law school, and as they told her on the phone, was able to progress the work faster because she was a lawyer and able to help out, rather than relying on them to do everything and having to wait months for them to consider her case.

I heard that in real life she did have to request an injunction or something in Court, but it wasn't shown.

Most importantly, like others have said, she was doing what she thought was necessary at the time and what her brother asked her to do.

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I thought the film made it pretty clear that the law degree allowed her to have some clout when pursuing the DNA evidence. I don't know whether she would have been able to make any progress without having it, but it certainly helped that she was able to go to the courthouse and have them let her search through the box. Granted, it only sped up the process slightly if anything, versus just waiting for Innocence Project to have the time to do the same. But it can always be argued that they (or another attorney that she could have hired) wouldn't have been so dogged in pursuing the evidence that records show was destroyed.

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Had she not gone to law school she would not have known about all of the case law that had taken place since her brother's conviction. When she and Abra and the others were preparing their case for moot court, or whatever they were doing, she discovered that there had been more than 40 cases that established that the availability of DNA evidence could be used in some cases to overturn a conviction even where the defendant had exhausted all of his previous appeals. What she then ran into happens frequently with the sitting DA arguing that the fact that the DNA evidence in the prosecution's possession is not that of the defendant does not mean he was not a participant. In addition sitting DA's do not like allowing the old DNA evidence to even be tested for the same reason. Only a very good attorney is able to argue convincingly that the testing of the evidence could provide sufficient proof of innocence to gain a new trial. They weren't able to do that but were able to convince the witnesses to recant once they realized that they had to be lying. Do you think a non-lawyer could have accomplished that? Do you think a non-lawyer could have persuaded Barry Sheck to take the case simply because she "knew" her brother was innocent? Also as others have said, she would never have been able to convince the woman in charge of the evidence storage to look again had she been only a sister of the defendant.

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