law and popular culture final

Socratic Method negative

-"Legal realism" effectively demolished the idea that legal principles and their application could be derived logically and were based on immutable principles. Proclaims law is what judges actually do, and many legal principles are open-ended enough to allow judges to pretty much do as they please -Suppresses emotions and de-personalizes -Argument that in class other students talk more than professors. Did you pay to attend law school to listen to other students?

Direction and cinematography in 12AM: spatial variety

-12AM also uses camera movement and placement to create a sense of spatial variety. While the size of the room remains constant, expands and contracts scene space through camera movement. Scenes typically open wide with several characters available in the frame. As the scene progresses, the camera slowly closes in on one of the characters until that character occupies the entire frame -Ex. When Juror No. 10 describes children from the slum as "real trash." Despite the fact that No. 10 is speaking for most of the scene, Lumet shoots the scene from behind him. The characters facing the camera are Jurors No. 4&5. As the scene and racist rant continue, the camera slowly closes in on Juror No. 5 who becomes more agitated and finally speaks up. This conveys the rising tension by slowly closing in on him until he occupies the entire frame in medium closeup

Seeing the witnesses, finding the facts

-12AM demonstrates how damning eyewitness testimony can be -One of the rationales for adversarial trials is that the finders of fact (whether judge or jury) have seen and heard the witnesses, so they can make an informed judgement about which ones are truthful—however, evidence in the psychology literature suggests that people who hear and see witnesses are not good at resolving credibility conflicts -Ex. In a mock trial—A. Were given facts but no witness, 18% convicted. B. Were given same facts but a witness, 72% convicted. C. Were given same facts and witness, but defense establishes the witness has eye problems, 68% convict

Historic discrimination in selection of jury pools

-12AM jury—all male and apparently of European ancestry -Historically, juries have been exclusively white males. No record of a black juror until 1860. Women were ineligible in every state until Utah allowed them in 1898—general consensus was that sordidness of trials made them unsuitable for women -1935—can't exclude on race -1992—can't exclude women -All-male juries were still common when 12AM was made

Conflicting visions of the jury: the brighter version

-12AM shows the positive side of the jury system -Deeply rooted in American consciousness as a bulwark against the power by the state -Confers legitimacy on the criminal and civil decisions of the court (people are more likely to accept the idea that our courts deliver justice if the jury makes the call)—even if you don't agree with verdict, you agree process is fair, more likely to accept -Most government decisions are made by elites—nowhere else in our society do we find ordinary people, often of very different backgrounds, deliberating with one another to resolve a vitally important government function—how the laws will be executed -Essential part of checks and balances—common people act as a check against government

Direction and cinematography in 12AM

-12AM takes place almost entirely in the jury room. 375 shots, almost all taken from different angles -One explanation for this unusual decision is that director Sidney Lumet had worked in live television and was comfortable with its constraints -Additionally, Lumet confronted budgetary limitations that kept the film inside

Military vs. civilian differences: jury composition

-5 or more, can be 1/3 enlisted if the accused wishes -Jurors are known as "members" -Not randomly selected and do not represent a cross-section of the community -May feel a strong affinity for the prosecution -Have only one peremptory challenge and juror is not replaced, therefore reduces size of the panel which is usually disadvantageous to the defense

Constitutional role of the American jury

-6th amendment—In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed -7th amendment—In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved -Virtually all state constitutions protect the right to trial by jury in both civil and criminal cases. As a result, most civil or criminal cases must be tried by a jury unless both sides agree to waive the jury and have the case heard by a judge (bench trial) -Even when criminal cases are plea bargained or civil cases are settled rather than tried, as the vast majority are, the lawyers who negotiate the deal are vividly aware of how a jury would likely size up the facts. In short, the jury is fundamental to any study of American law

Jury system in the US

-A 12 person jury is not constitutionally required by the 6th amendment. All federal criminal cases, however, require a 12 person jury. Also required for all state felony cases. If not a felony, SCOTUS mandates that the size can vary but no fewer than 6 people -Verdict must be unanimous in federal cases -In state felony cases, if the jury is 12 the verdict can be 9-3 or 10-2, if the jury is 6 must be unanimous -Standard federal civil jury is 6 people -6th amendment mandates that a jury trial is only constitutionally required when serious case and punishment is over 6 months of imprisonment (not equal to) -7th amendment does not apply to the states, which can do whatever they want -You can give your state more protections than required, but not less—the Constitution is a floor

Sound bridge

-A sound is carried over from one shot to the next, used to help editors achieve seamlessness -Makes the transition between shots less noticeable

PC examples: demographics

-Adequately represented, not many women or minorities -The classroom was almost all white and predominately male

Practical problems: class discrimination

-Affluent defendants who can afford excellent lawyers and mount a strong legal defense are seldom executed -Matthew Poncelet is exactly the sort of lower-class person who is the typical death penalty target

Economics of legal education

-After graduation, often owe $150,000 or more and must take highest paying job possible to service their debt. However, higher paying jobs at big law firms are hard to get and open only to graduates of elite law schools. Meanwhile, graduates of non-elite law schools must take jobs at smaller law firms at much lower compensation, if they can find a job at all -Dramatic changes in the big-law world have reduced the need for entry-level associates -Estimated that current economy is generating only enough jobs for about half of the new lawyers -Unsurprisingly, law school apps are declining sharply and many schools are reducing class size for entering classes

Trial by Court Martial

-All military personnel, prisoners, reserve, retired, but usually active duty -Have exclusive jurisdiction over purely military crimes -If crime violates UCMJ and civilian law (state and or federal), must determine who will decide (joint jurisdiction)

Justifications of the death penalty: incapacitation

-Another consequentialist justification which says it prevents offender from killing again -In prison, killer might get out of jail and kill again, might kill another prisoner or guard in prison. Obviously a prisoner confined to death row is unlikely to kill anyone

Socratic Method positive

-Anthony Kronman, a former dean of Yale law, believes focusing on appellate court opinions is important because these concisely state the facts of the dispute and the applicable legal problems. Concentration on gray areas provides excellent training for practicing lawyers who often apply unsettled law to the complex, real-life dilemmas of their clients -Efficient—supposedly everyone in the room is engaged in dialogue between professor and student. Moreover, high ratio of students to faculty makes legal education cheaper than other forms of graduate education -Argues both sides, forces you to analyze from different perspectives—this becomes habitual and is part of what is often referred to as "thinking like a lawyer"

Difference and equality feminism: difference

-Asserts that women are different from men. The law should take these differences into account rather than ignore them. For example, law firms should treat lawyers (primarily women) with child care responsibilities differently than those without them -Ex. Legally Blonde (2001). Initially portrayed as a rich air head, turns out to be smart and clever. But it stresses her difference from male law students—employs her femininity and specialized female knowledge of fashion and hair dressing in the interests of her client. She has emotions and does not try to suppress them in her personal or political life

Milgram experiments

-Can soldiers resist following blatantly illegal orders? The Milgram experiments suggest they can't -An experiment in which volunteers thought they were administering electric shocks to students who were supposed to be learning a list of words -About 2/3 of participants continued to turn up voltage despite screams of agony, showed that ordinary people will follow morally repellent orders if the person giving the orders seems legitimate and authoritative

Uniform Code of Military Justice

-Complete set of laws, includes some of the same laws, but also unique military laws (within parameters of the Constitution) -Defines military crimes and prescribes the procedures for administering military justice -In many respects military and civilian justice practices are now similar -Trial in AFGM was a general court martial, which has unlimited authority depending upon the offense charged

Military vs. civilian differences

-Convening authority investigates the case and has authority over witness, defendant, and members of the jury. Various roles could create conflict of interest -A staff judge advocate selects the prosecutor, known as trial counsel, who has greater power than a civilian prosecutor -JAG defense lawyers are supplied whether or not defendant can afford other counsel, often are young and inexperienced (as seen in AFGM)

Purpose of sound in film

-Conveys story information (dialogue) -Conveys character—what actors say and how they say it tells us about their character, but so do the sound effects that accompany the vocals -Conveys a sense of reality—take away the sound effects of a scene (even something as minor as the sound of a teaspoon hitting the side of a teacup) and the scene will seem hollow and unreal -Creates mood and atmosphere -Can be used to mask transitions between scenes

Conflicting visions of the jury: the darker version: efficiency of the jury system

-Costly and inefficient—the process of selecting and instructing juries, the complex rules of evidence, and the time taken for jury deliberations greatly slow down the trial process -Average jury takes 13.5 hours to deliberate -Because the verdict must be unanimous in criminal cases, 5% of criminal juries are hung

Redemption

-Death penalty proponents may feel that redemption of the condemned establishes them as an agent who can now be held accountable and rightfully put to death -Opponents may feel the exact opposite—because the prisoner has shown remorse, taken responsibility, become human should not be killed

Facts of the case in 12AM

-Defendant's alibi is weak and his behavior on the night in question was suspicious -Two eyewitnesses with no motivation to lie -Jury was tearing into these testimonies without giving the witnesses chance to respond. -But...if you have the sense to wipe fingerprints, you would probably take the knife unless trying to frame someone -Defense attorney should have capitalized on holes in the prosecution's case

Types of deliberation

-Evidence-driven—discuss evidence first, then vote -Verdict-driven—used in 12AM, vote first, then discuss, can be problematic because you are defending your vote not discussing -Without Juror No. 8, would likely have convicted the defendant almost immediately

Direction and cinematography in 12AM: elaborate, intricate camera movements

-Ex. The extraordinarily long take—six and a half minutes—that follows the pre-credit sequence. The camera begins the scene perched at a high angle above a fan on the wall. Remains in this position for the time it takes for the credits to roll. After the jurors have filed into the small, hot room, the camera plunges us into the thick of things, roaming from character to character, picking up little snippets of conversation -Lumet returns to this roving-camera technique throughout the film as a way of isolating the brief, quasi-private exchanges that intermittently take place between the jurors. Although these exchanges do little to advance the story line, they flesh out the character and personalities of the jurors and create a sense of intimacy

Reasonable doubt

-Exists when a factfinder cannot say with moral certainty that a person is guilty or a particular fact exists -It must be more than an imaginary doubt, and it is often defined judicially as such doubt as would cause a reasonable person to hesitate before acting in a matter of importance

Death penalty movies: redemption of the condemned

-Explicit treatment of the issue of responsibility -Ex. Sister Prejan tells Poncelet—"Don't blame your accomplice. You blame him. You blame drugs. You blame the government. You blame blacks. You blame the Percy's. You blame the kids for being there. But what about Matthew Poncelet? Is he just an innocent, a victim?" Just before dying he says to Delacroix—"I ask your forgiveness. It was a terrible thing I did taking your son away from you. I hope my death gives you some relief."

PC examples: law school's effect on relationships

-Fixated on school, and you can apply your new nitpicking skills to the person you have a relationship with -Ex. Kevin's relationship with his wife -Ex. Hart's relationship with Susan

Cinematic technique in AFGM: rack focus

-Focus of the lens is changed such that the visual focus of a scene changes from a previously out-of-focus object in the background to a previously in-focus object in the foreground, or vice-versa -Ex. The reading of the jury's verdict. As the jury's verdict is read, the camera focuses on the reactions of Kaffee, Galloway, Weinberg, Dawson, and Downey; captures their reactions in a single take through the use of three changes in a focus and a slowly moving camera that reframes the composition. For the first 'not guilty,' Kaffee is in focus. We see his reaction with no distractions. For the second not guilty, the camera glides past Kaffee so that only Galloway, Weinberg, Downey, and Dawson are in the frame. Galloway is in focus, as a result we observe Galloway's reaction. For the third and final verdict (guilty), the camera glides past Weinberg and settles on Dawson and Downey. When the guilty verdict is read, they are alone in the frame. The focus is entirely on their reaction as they take in the verdict

The death penalty in the US

-Following Supreme Court's decision in Gregg, capital punishment became popular—available in 33 states for numerous federal crimes -However, a trend away from death penalty seems to be in process -Decreased number of prisoners sentenced to death reflects declines in homicide rate, but also probably reflects the difficult practical problems with the death penalty -Support level is dropping

Daniel Kaffee

-Fresh out of law school and has never tried a case but turns out to be a gifted trial lawyer with great rhetorical skills. However, he is also very lucky -Has settled 44 cases and never tried one -Father was a famous JAG lawyer who ultimate because US Attorney General—trying to fill his shoes -Kaffee is part of a tradition of youthful and inexperienced pop culture lawyers who turn out to have great natural instincts for the court room -The reality, however, is that law school does not prepare young lawyers to try any kind of case, much less a difficult murder one

Jury consultants

-Have become increasingly common -Assist the lawyers in how to exercise their peremptory challenges, do studies on backgrounds of potential jurors, form opinions about which group will be good or bad for one side or the other, help lawyers frame questions to be asked during voir dire, assemble mock jurors on which lawyers can test arguments

Following-orders defense in AFGM

-If Dawson and Downey had refused to administer a Code Red to Santiago, could have been punished for disobeying Kendrick's order—would have taken an enormous risk, given stern disciplinary practices at Guantanamo and Kendrick's prior punishment of Dawson for refusing to follow orders in the Carter Bell case -Acquitted of murder but convicted of the so-called "general offense"—meaning "disorders and neglects to the prejudice of good order and discipline in the armed forces [and] all conduct of a nature to bring discredit upon the armed forces..."

Jury nullification chaos hypothesis

-If a jury receives jury nullification instruction will be more likely to use that power than a jury that did not -Ex. Three mock juries—standard instructions, subtle nullification instructions, radical nullification instructions—radical instructions only led to acquittal in case of a nurse and euthanasia patient because they felt sorry for the defendant, but they discussed evidence less and focused more on personal experiences and the defendant's characteristics. Is that what we want? If a jury is sympathetic to defendant, nullification instructions liberate them and they are more likely to acquit. If not sympathetic, instructions make them more likely to convict. Defense attorneys must be careful—do I have a sympathetic client?

Conflicting visions of the jury: the darker version: rationality of jury verdicts

-Illustrated by the racist jury in TKAM -Subscribers to this version portray juries as irrational decision makers who are governed by emotion, whimsy, prejudice, or by irrelevant considerations such as the ethnicity of the defendant or victim or the personalities of contending lawyers -In addition, juries sometimes have difficulty keeping straight all the testimony they have heard or understanding the judge's instructions about the law, so they must rely on their gut feelings in deciding the case

Gender and legal education

-In 1960, women formed less than 5% of law school classes—PC film distorts reality by showing considerably more than 5% -Women typically exceed 50% of entering law schools classes today

The Batson Rule

-In 1986, the Supreme Court prohibited lawyers from using their peremptory challenges to strike jurors because of their race (Batson v. Kentucky) -Prior to Batson, it was common for prosecutors to exercise their peremptory challenges to strike all black jurors, particularly in cases involving black-on-white crime -Difficult and time-consuming to administer, prosecutor can deny challenges were based on race and a trial judge must decide whether these were the real reasons for striking the jurors rather than pretexts for what was really a racial challenge -Also, it is permissible to strike a juror based on religion, national origin, education, political views, age, disability, sexual orientation or economic class

Why is there a separate military system?

-In AFGM Downey and Dawson are on trial for murder committed during peacetime on a military base. If they had been civilians who killed a service member, would be been tried in ordinary civilian court not court-martial -Does military necessity justify a separate system of justice in such cases? Or is this an example of path dependence—we have had a separate system of military justice for a very long time and even if it is inferior it is difficult to change -Supreme Court has traditionally kept its hands off the military justice system

Teaching professional skills in law school

-In PC era, Harvard seems to be doing little to train its students in how to function as lawyers -No attempt to impart professional values, such as a lawyer's obligation to provide free services to those in need -American legal education has been heavily criticized for failing to teach professional skills and values -Most schools now offer students an array of clinical courses after first year—these teach practical skills and usually involve working directly with clients

Military vs. civilian differences: verdict requirements

-In a non-capital case, 2/3 vote is enough for conviction, in a trial involving a sentence of more than 10 years-life in prison a 3/4 vote is required -Must be unanimous for death sentence -Voting procedures—vote once, if less than 2/3, not guilty verdict

The voice of the victims

-In many death penalty films, including DMW, we hear extensively from families of the victim who are usually clamoring for the execution; again, movie serves as retrial of the penalty phase but this time we are receiving evidence that might cause us to vote in favor -Victim testimony is now routinely admitted during penalty phase -Supreme Court held in Payne v. Tennessee (1991) that families of murder victims could testify during the penalty phase, jury is allowed to consider magnitude of survivors' loss and the victim's suffering as aggravating factors, whereas most trial testimony is cold and unemotional -Use of victims' statements changes a death penalty case from an action by the state to redress a violation of the norms of society into an action by the victims for revenge

Death penalty movies: transformation of the intermediary

-In many death penalty films, intermediary is also transformed by experience -Speculation that the personal transformation of the intermediary is also an anti-death penalty move -To most of us, the death penalty is abstract, when confronted by the ghastly reality of the process the empathetic intermediary is changed

Practical problems: clemency

-In theory, provides one last chance for defendant whose guilt is questionable or whose case merits a punishment less than death -Political realities discourage governors, would be political poison in a state where death penalty is popular -We see uselessness in DMW

Command influence

-Interference by superior officers with the witnesses, judge, or jury of a court-martial. The United States Court of Appeals for the Armed Forces has stated that unlawful command influence is "the mortal enemy of military justice" -While one hopes this kind of blatant interference with court-martials is infrequent, the reality is that there are many opportunities in the military justice system for subtle forms of command influence

Important aspect of death penalty law

-It severely limits ability to seek judicial review after exhausting direct appeals in the state court -As a result of various federal statutes and court decisions, all of which were designed to limit the number of death penalty reviews, relatively few prisoners will secure any relief either through appeal process or federal habeas

JAG

-Judge Advocate General -Handles all manner of legal chores and includes military judges, prosecutors, and defense lawyers

Conflicting visions of the jury: the darker version: impact of jury system on jurors

-Jury service pulls jurors away from their jobs, businesses and lives, sometimes for an extended period -As a result, people sometimes ignore the summons for jury duty, so good citizens who show up must bear the entire burden -Often sit around a courthouse for hours or even days -Many are disqualified through preemptory challenges by either lawyer -If they survive these hurdles, have to sit through a trial that may be unbearably tedious and suffer through deliberations which are often quite stressful

Jury passivity

-Jury's job is to find the facts and apply the law—cannot consider information that was not presented during the trial. Therefore, Juror No. 8 committed serious misconduct by investigating the neighborhood where the killing occurred and buying a knife and using it in jury deliberations -Jurors are now disqualified if they know the litigants or attorneys or have personal knowledge of the dispute—must depend on what they hear and see at trial rather than personal knowledge -Historically, jury was expected to be totally passive at a trial. They could not ask a witness any questions and were not allowed to discuss the case with one another until deliberations. These "passivity rules" are beginning to change—are allowed to take notes, in some states are allowed to discuss the case during the trial and sometimes can submit questions to be asked of the witness

Direction and cinematography in 12AM: long takes and heavy editing

-Jury's voting is sometimes filmed in a long take and sometimes in a series of long shots -In general, however, 12AM tends to rely more heavily on long takes early and the narrative and more heavily on editing later in the film -In both instances, however, these techniques translate a rather static teleplay into a more dynamic cinematic experience

Kingsfieldism

-Kingsfield has become the symbol for the bullying approach to the Socratic method -This berating/humiliation of unprepared or confused students has largely, though not entirely, passed into history -Most law teachers believe there is no valid purpose in hazing students. Thus, someone watching PC would be badly misinformed about what happens in law school classrooms today

Death penalty movies: political stance

-May be conservative of hegemonic—in favor of the status quo and its various economic, gender, or ethnic power relationships -May be liberal or even radical—in favor of moderate or drastic social change -Many modern films assume a stance against the death penalty, most overt when innocent people are executed -Anti-death penalty message is more subtle in films involving death of guilty prisoners, such as DMW

Push and pull between civilian justice and military need to discipline members

-Military emphasizes order of the group over integrity of the individual -Some believe civilian crimes should be prosecuted in regular court during peacetime -Some defenses in military law, even for normal crimes, would not fit or be understood in civilian court

Military justice in pop culture

-Military justice system in AFGM is portrayed in a fairly favorable light -Many films make the point that military justice is a contradiction in terms, because a court-martial is used to divert blame from military superiors to lower-ranking soldiers

Empirical research on juries

-Most famous empirical study of criminal juries found that "with very few exceptions, the first ballot determines the outcome of the verdict" -In about 10% of cases, the minority eventually succeeded in reversing the initial majority or in hanging the jury (however, successful minorities usually had 4 or 5 votes, not one) -Found that judges would have reached the same verdicts as the juries about 80% of the time

Justifications of the death penalty: moral opposition and retribution

-Most of those who favor death penalty base their opinion on theories of retribution -Biblical texts such as 'an eye for an eye' are often cited as support -Based not on the consequences of punishment, such as deterrence or incapacitation, but on the non-consequentialist rationale that the evildoer deserves it or that society must express sense of communal outrage -Others, like Sister Prejan, take opposing moral view, argue retribution is a primitive urge with no place in modern society, killing is wrong whether done by the criminal or state

Female lawyers in movies

-Movies for the most part are bound with negative stereotypes -Beautiful but personally unpleasant, incompetent, sleep with clients or superiors -Are overly emotional and act irrationally in critical situations -Ex. Galloway messing up when asking for the case, "strenuously objecting" during the trial. Portrayed as not being a good trial lawyer, did not know Downey's full story before his cross. We also learn that she is excellent in internal affairs but she got there in the first place for only taking 3 cases in 2 hours and taking 9 weeks on a drunk and disorderly charge

Sound in PC

-Nominated for an Academy Award for best sound -Sound is used to convey the character of Kingsfield. He is associated with loud, startling sounds. On the day Hart intends to volunteer in class, Kingsfield's arrival is announced by a series of loud sounds—he slams the door shut and slams his book and notebooks down. We experience in a direct way how nerve-wracking it is to be in his class. (However, notice that the sounds associated with Kingsfield became less jarring as the film progresses, suggesting that Hart has gotten used to them)

Following-orders defense

-Orders are not applicable if these were known to be unlawful or if a person of reasonable knowledge/ordinary sense would understand them to be wrong. However, not following orders and questioning one's superiors is also perceived as a crime -Military system depends on following orders without hesitation, or lives could be at risk -Puts them in a difficult position—if I follow orders that are unethical I may get in trouble and defense may not work, but if I disobey or snitch I may also get in trouble

US Legal Education

-PC may now be useless as a guide to potential law students—no one wears a jacket and tie to class now -One similarity in PC and present is the required first year curriculum—virtually all of the first year courses are prescribed and one is always Contract Law (Kingsfield's course), classes are typically quite large as in the film

Peremptory challenge vs. challenge for cause

-Peremptory challenge—if lawyer obviously strikes a lot of jurors from a certain group, can call for a Batson challenge, but is difficult to prove -Challenge for cause—potential juror struck on bias -A lawyer may generally use a peremptory challenge without giving a reason. Second, the number of challenges for cause available to the attorneys is unlimited, while the number of peremptory challenges is limited by statute

Anti-death penalty scenes in DMW

-Poncelet's humanity/he is personalized—feelings, caring for his mom and family -Protesters at the first inmate killed seem bloodthirsty -Incompetence of Poncelet's lawyer, did not get adequate representation -Politics of his case -Jail workers involved in the death—"I hold left leg," workers eating before seems inappropriate -Happens at midnight, "in the shadows" -Walter's dad at the funeral—says he doesn't feel better

Dead track

-Principal components of a sound track—vocals, music, sound effects -When all of these are missing, even background sound, we have a dead track

Guinier's critique of gender in legal education

-Professor Lani Guinier found that men's law school grades are better than women's and they are less likely to be in top of their class -Showed that women participate less in class discussion -Suffer more psychological harm—five times more likely to seek professional help for law school concerns

PC addresses how stressful law school can be

-Ranking is typically done after the first year and grades are based on how you do in comparison to everyone else. This determines jobs, etc. -If students are not ranked, argument that people with connections will get the jobs and higher social classes will persevere -PC shows the remoteness of faculty, huge class size (economic) (can minimize the effects of the Socratic Method)

Law schools in competition

-Rankings have become extremely significant—students use to choose schools, faculty use to choose jobs, employers use on who to hire; based on array of factors—GPA and LSAT scores, rate at which students pass the Bar Exam and find jobs, general reputation -Leads to extreme competition, often entails hiring more tenure-track faculty members, which is part of the inflation in tuition costs -Some schools have cheated—hiring unemployed grads to reshelf books, etc.

Practical problems: the risk that an innocent person will be put to death

-Receives the most publicity -Significant number of apparently innocent people sentenced to death -Recent DNA evidence has proven the innocence of some condemned prisoners

Jury nullification

-Refers to a jury's ability to refuse to enforce the law against a defendant because it believes the law or the particular prosecution is unjust, or for any other reason; disregard an unjust, outdated law -Can send a message to the prosecution -Historically used by white jurors in the south to acquit white of violent crimes, such as lynching, against blacks -Often not aware of this power -Present law strongly discourages nullification, nevertheless, it is likely that nullification occurs frequently in courts all over the country

Furman v. Georgia (1972)

-SCOTUS held that the death penalty as administered in Georgia violated the cruel and unusual punishment clause of eighth amendment -Primary rationale was the arbitrariness of imposition—juries were given no guidance in deciding whether to condemn a defendant to death and imposition of penalty was highly unpredictable -Georgia and numerous other states determined to retain penalty restructured procedures by furnishing more guidance to the jury. New death penalty statutes involve a double trial before the same jury. Second trial is called penalty phase

Gregg v. Georgia (1976)

-SCOTUS reinstated death penalty, decision made the federal courts the ultimate authorities of the fairness of state death penalty procedures -Roper v. Simmons (2005)—held that it is unconstitutional to execute a person under 18 at time of crime -Atkins v. Virginia (2002)—unconstitutional to execute mentally retarded prisoners

Legal mistake in AFGM

-Saying Kaffee would get in trouble for going after Kendrick—but JAG is independent from the chain-of-command (however, still would not have been smart) -For dramatic effect

Pro-death penalty scenes in DMW

-Scenes of murder -Hearing stories of the victims as people -Devastation of victim's families, impact -For most of the time Poncelet is a horrible person—racist, Aryan nation, Holocaust didn't happen, smirks in court, taunts families -Group therapy—one woman talking about how daughter's killer is getting out, how is she going to live with her daughter in the ground and her killer walking around?

Studies of deterrence

-Some studies indicate homicide rates are higher where death penalty is imposed -Conversely, some studies do find a deterrent effect. Study of murder rates in 3,073 counties before, during, and after the suspension and reinstatement of capital punishment because of Supreme Court decisions in 1972 and 1976. The homicide rate rose sharply during the moratorium period and fell after it was restored. Study found that every execution results in 8-18 fewer murders. However, these studies have been criticized—the increase coincided with an increase in murders in Canada, which had no capital punishment during period. Suggests the increase was due to other factors

Socratic Method

-Sometimes referred to as the case method -An effective way to teach students analytical skills that are essential for all practicing lawyers. The fear of being called on motivates you to spend more time preparing for class than you otherwise would have, and the idea is you will therefore learn more. Some believe it is valuable preparation for the harshness of law practice -The extreme version depicted in the PC is seldom used in law schools today—people view it as Kingsfield being abusive

Shock cut

-Sound can also be used to make transitions between scenes jarring -Horror films frequently do this to startle or unnerve the audience

Legacy of 12AM

-Sputtered at the box office, but had a different effect on future viewers—in 2012, Internet Movie Database ranked it as the sixth best movie of all time -Best-known movie about jurors

Practical problems: racial disparities

-Statistics show blacks who kill whites are far more likely to be executed than other combinations -Over 80% of decisions imposing death penalty involve white victims even though nationally only 50% of murder victims are white

Penalty phase

-Statutes spell out specific aggravating factors—whether the defendant killed a policeman, whether killing occurred during terrorist attack, whether killing occurred during armed robbery -Jury must find beyond a reasonable doubt that at least one of these factors is present -Defendant is entitled to introduce mitigating evidence—evidence about character, mental ability, youth or psychological factors, evidence of having taken responsibility -Supposedly these reduce chances of arbitrary decision

Prejan and Walter de la Croix's dad praying together

-Suggests the families can transcend their hatred/craving of revenge through execution/capital statement brings closure -Could also be interpreted oppositely—a lot of those polled found this scene ambiguous

Types of Court Martial

-Summary—minor incidences of misconduct -Special—intermediate -General—most serious, seen in AFGM. Equivalent to federal trial at the district court level. Convened by commanding officer ("convening authority"), an "investigating officer" conducts a preliminary hearing (called an "Article 32 hearing") at which defendant can cross-examine the witnesses against him. The trial judge must be a lawyer and is chosen by JAG of the defendant's military branch (not the convening authority), must be a jury of at least 5 persons

What's the purpose of the Socratic Method?

-Teach the skill of legal analysis—figure out the legal principles from decided cases, apply those principles to different but related problems. However, concentrating solely on appellate cases ignores statutes and administrative regulations -Prepares you to be a lawyer where you will deal with other judges, attorneys, etc.—must be able to articulate orally and think on your feet -Teaches how to be analytical over practical, apply a concept you learned to a hypothetical -Forces you to stay objective—to articulate an issue you must know both sides equally

The jury in the trial film genre

-The jury verdict comes at or near the end of the film and provides a logical climax to the hard-fought trial that preceded us. The genre calls upon us to serve as the "thirteenth juror," we seldom learn anything about the personality or background of our fellow jurors -12AM overturns these conventions—nearly all screen time is devoted to jury deliberations and focuses intensely on the personalities of the jurors. Arguments made by the jurors serve the same function as the prosecution and defense presentations in the typical trial movie -12AM suggests we are more likely to get justice from a jury rather than a judge—the idea that the jury system promotes justice is a bedrock principle of our legal system

Direction and cinematography in 12AM: focus on one character while another speaks

-The normally level-headed Juror No. 1 loses his cool when he is called a "kid" by Juror No. 10. After being coaxed back, he sits down, turns his back to the others, and pouts. Juror No. 8, at this point, offers to explain his reasons for voting to acquit. This is an important dramatic moment as Fonda's character has previously refused to state the reasons for his "not guilty" vote, leaving it to the others to convince him to support a conviction. Instead of cutting to Fonda, allows the camera to linger on Juror No. 1 -Illustrates use of screen space as a way of conveying the psychological distances that separate these men from one another

Pictures at execution

-The only way general public can witness an execution is by viewing films or TV shows about death penalty -As in DMW, we witness in excruciating detail the bureaucratized process and the numerous mechanical steps necessary to perform an execution—see the condemned prepare for death, walk to place of execution, and suffer the death agony

Sound dissolve

-The sound that ends one shot fades out while the sound that begins the next scene fades in -For a brief moment, the two sounds are the same sound

Direction and cinematography in 12AM: closeups and editing

-The use of choker closeups at key moments provides a visual way of communicating the psychological isolation that the characters are then feeling—these close ups also suggest a certain level of intensity and passion -Ex. When Juror No. 9 announces that he has changed his vote to not guilty his face is framed in a tight closeup. Later, when Juror No. 3 is forced to explain why he is the sole remaining vote for conviction, he is also framed in a tight closeup

Theories about jury numbers

-Theory that if there are more people on a jury they will be more likely to reach the 'correct' result—argument for 12 as opposed to 6 -Generally larger juries are more diverse -How to measure discussion quality? Time. Bigger juries discuss longer and are more likely to recall information -However, small juries greatly reduce costs

Death penalty movies: role of viewers

-These films place us in the same position as jurors during penalty phase, ask us to make a moral judgement about whether or not the penalty is appropriate. We have knowledge the original jury did not—the prisoner's death row epiphany -Nevertheless, we see the prisoner executed—leaves us more doubtful about the morality of the death penalty -However, because the imminence of execution caused a prisoner to take responsibility we might decide that the moral case for death penalty is strengthened

Cinematic technique in AFGM: sound editing

-Thunder—introduces and climaxes the scene in which Markinson commits suicide. Clap of thunder is used as an aural analogue for the sound of a gun being fired, but also as an editing device. The film then cuts to a shot outside of the courtroom window, when we hear the clap of thunder. Otherwise might have been a jarring transition -Also used to underscore Private Downey's testimony. While being questioned by Capt. Ross, he admits, "Yes, Captain. I was given an order by my squad leader, Lance Corporal Harold W. Dawson, United States Marine Corps, and I followed it." A clap of thunder immediately follows, but a long, rolling clap, allowing for a cut to reaction shots

Motivation behind DMW

-Tim Robbins—producer, writer, director, wife Susan Sarandon (Sister Prejan) stars in film. Based on a composite of death row characters, neither of which had redemption -Both opposed to death penalty, but ideas was to portray a balanced film

Blue-ribbon juries

-Until recently, state and federal jury commissioners had great discretionary power to decide whose names would be in the jury pool. Many states commissioners chose people that they knew were educated and responsible (blue-ribbon juries) -This tended to keep minorities, women, and working people off of juries. In 1968 a federal statute required that federal court jurors be drawn randomly from a pool -The legitimacy of our system of justice depends on the representation of all segments of the community on juries

Justifications of the death penalty: deterrence

-Utilitarian or consequentialist justification that argues that if the death penalty saves the lives of innocent victims, it enhances net social welfare and is justified -Difficult to prove existence because it requires a guess about how many murders were not committed -Arguments: Murders committed by people who are not making rational decisions at time, such as brawls or domestic abuse. So many murders and so few executions, in addition to lengthy delays in administration of penalty—unlikely to believe that rational persons considering whether to commit murder would change their plans because of remote possibility of death

Military vs. civilian differences: rules of evidence/witnesses

-Witnesses are frequently under command of convening authority and may fear their testimony will reflect career -Prosecutor can veto defense requests for particular witnesses

Sound in PC: shock cut

Hart storms out of Kingsfield's party when he learns Susan Fields is Kingsfield's daughter. Later, Hart shows up to her house to make up. He leans over to kiss her, then the film cuts to a shot of Kingsfield slamming his casebook shut. The effect is disorienting. We go from a shot with a romantic melody to a shot with a violent noise and no melody. Effectively conveys how jarring it must be for Hart to go to Kingsfield's class every day after spending the night with Kingsfield's daughter.

Sound in PC: sound bridge

In PC, classical music is often used as a sound bridge. Hart and Ford's trek to the hotel room to study for finals is accompanied by a classical piece that ends only when they slam the hotel door shut

Difference and equality feminism: equality faction

Men and women are basically alike aside from psychological differences and should be treated alike

PC examples: Socratic Method

On Hart's first day, Kingsfield cold calls him asking him to recite the facts and analyze the holding of the famous hairy-hand case. He was completely unprepared, but Kingsfield continues to grill him. This is a time wasting and abusive teaching technique.

Sound in PC: dead track and sound dissolve

PC begins with a dead track. Last nearly 40 seconds before we hear ambient sound and sound effects (a door opening, feet shuffling, indistinct chatter). The ambient sounds continue for approximately a minute and forty seconds before the first word of dialogue is spoken ("Mr. Hart") This is also an example of sound dissolve—the sound that climaxes the next scene is a toilet flush (we don't hear Hart vomiting). The sound that opens the next scene is a man screaming. The flush dissolves and briefly overlaps with the scream, making the two seem like one continuous sound and thereby smoothing the transition between shots. Additionally, because the two briefly overlap, the sound of the scream is associated with Hart. We get the feeling that the screamer is Hart

Composition of PC

PC's legendary cinematographer, Gordon Willis, remarked that the film's use of composition "related to who had command of the situation. We used huge close-ups of Kingsfield and demeaning shots of Hart. Then as the movie goes along and Hart begins to get on top of it, you'll notice the shot sizes begin to diminish on Kingsfield and begin to get a little bit bigger on Hart—until finally they are equal partners."

PC examples: competition

The study group is very territorial with their outlines