MovieChat Forums > Captain Fantastic (2016) Discussion > Why would Ben be arrested for going to h...

Why would Ben be arrested for going to his wifes funeral at all?


I never understood this part and laughed out loud at the grandfather character for even suggesting that he could legally have Ben arrested for showing up at his own wifes funeral, especially with her will, now Ben could have brought a lawyer and the police and stopped the burial but that didnt happen, he was legally in the right because of the will.

But how stupid would the grandfather have to be to assume that he could have Ben arrested just for showing up at the funeral? And Ben was educated and intelligent enough to know that this could never happen, at most just be thrown out of the church like he was anyway.

Never arrested, that would be a total violation of his rights, he wasnt a stalker he was the husband, and police would laugh for being called in the first place.

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You're not wrong, but I think that part of the film was to make a point about how a rich and powerful man can have sway over authority in such matters, against an entity that clearly isn't playing by the standard western-society rulebook. Another lesson for Ben.

Brevity is the soul of wit.

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I totally agree with you. To me it wasn't that Ben was doing anything illegal, it was about the grandfather having powerful connections, enough such that he could get Ben arrested/jailed.

Actually, if gramps had been a little smarter, he could have not warned Ben so strongly, and gotten Ben locked up and claimed he'd warned him, and that'd been another point against Ben when grandparents wanted to get custody.

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To me it wasn't that Ben was doing anything illegal, it was about the grandfather having powerful connections, enough such that he could get Ben arrested/jailed.

Rich people are easy targets for a deep-pockets lawsuit. And a heavy-handed civil rights violation such as the one described here would be a slam dunk. Rich people get sued all the time.

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Excellent observation. Look how the police violate the constitution everywhere you go. Take the police being bought out by the bankers during the occupy wallstreet thing even against their own best interest - as many protestors pointed out the police pensions had been gutted.

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I suspect that Ben was guilty of some crime for which he was still wanted. That may have precipitated the family's decision to live off the grid. (My guess is it make have been edited out of the final cut for time reasons-- this happens a lot in films.)

___________________________________
Never say never...

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Really? I mean, really?

Brevity is the soul of wit.

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No. Nothing like that was ever alluded to. He did freely hand his license and registration over to the police officer, and he wouldn't be issued a license with an outstanding warrant. Had the officer not stopped to ask about school, he would have run him for wants and warrants.



Great-Grandpa was a Keystone Kop. I'm not quite so serious.

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I don't think so, on the other hand it is possible because anyone who has any sense would get out of the country to live off grid. A lot of people who think they've committed crimes think they can't get passports.

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They made it clear that the grandfather had a cronie relationship with the higher ups in the police dept
Also grandfather's (father in law) perspective was that Ben was solely responsible for his daughters death
...and,as is often the case in suicide, Ben was struggling with his own degree of culpability in his wife's death. Which would make it harder to mount a whole hearted defense against his in-laws.

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I have been called to funerals to arrest family members and I have been hired by funeral homes because they feared a certain family member would arrive. There are several charges and one specific "non-charge" that can be used, at least here in Canada. Breach of The Peace being the best. Arrest, no charge, release after event is over. Cause Disturbance would also fit nicely.

Even forgetting all of the above, the father-in-law had connections higher up. All of the above could easily be manipulated.

"I don’t know when it was decided we all need a soundtrack everywhere we go". Soderbergh

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All of that makes sense! Disturbing the peace, especially when emotions are high at a funeral.

Plus the grandfather had close relationships with the police.

But what no one seems to have mentioned (I didn't read every response) is that having his kids in the woods, away from society, not in school, doing dangerous things as we saw, could be considered child abuse/neglection. Whether or not any of us agrees, its definitely a case and I'm sure he could be at serious risk of losing his kids.

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This is why I need these boards. I need good info like this.

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BEN doesn't just read the will; he causes a minor chaos. Then he threatens to ruin the burial. I think that's enough for the cops. Also, my interpretation was that BEN has been this way for years. Whenever he does something against society's rules, he's aware of what he's doing (saying shocking things to his nephews; coming out naked in front of the old couple, etc.). JACK has known him for years, so he knew he would make some kind of scene.

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When watching that scene when the grandfather told Ben that he could have Ben arrested, I just assumed it was due to the kids. The grandfather could claim child abuse due to the lifestyle the family had, or the father could have said that the children were not enrolled in school (and they weren't and were not in any accredited homeschooling program either), which is illegal.

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Yeah, I assumed it was a mix of the grandfather having money/power/connections and that if he even got booked by police for a minor disturbance it'd avalanche into loosing the kids as soon as the govt sees what's up. The grandad didn't know the kids weren't at school though, he specifically says towards the end that he thought they'd been in school the whole time.

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The school thing wouldn't work since the jurisdiction for that would be in the home state where Ben and his family live. On what basis would police in some other state have probable cause to conclude his children were not in school?

No I think the film pretty clear that it was about a simple arrest to keep him out of the way while the funeral concluded, with the grandpa using his local political influence to get the police to do that for him. Once the funeral was over he knew Ben would walk.

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You're correct. The grandfather could not have him arrested merely for showing up. That was an idle threat. However, the insane Dad could be indicted on the following charges:

Petty theft
Contributing to the Delinquency of minors
Giving alcohol to minors
Indecent exposure
Disturbing the peace (at the funeral)
Child endangerment (the roof "mission")
Grave robbing

This man is insane. He should not have custody of minors. He should be in jail.


Schrodinger's cat walks into a bar and doesn't.

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