My selection for “Law in Culture” review is the film “A Time to Kill” which was released in 1996 and is categorized as a drama/thriller film. This film is an adaption of the 1989 novel A Time to Kill by John Grisham. (https://en.mwikipedia.org)
The movie opens in the deep south, with two young, white men, drinking beer and driving around in their pickup truck bearing the confederate flag and just engaging in menacing behavior, especially to the Blacks living in the area. They go into a convenience store as a little girl, Tonya, was just leaving, these two young men enter harass the owner pickup about four six-packs of beer, which they did not pay for along with other items and they leave.
As they drive along, they spot the little girl and start to throw unopened beer cans at her. They then proceed to rape and sodomize her, hog tie her and beat her mercilessly as she cries out for her daddy to help her. To add further insult to injury, they then urinate on her body, then drive and throw her over a bridge. Meanwhile, her mother is frantically awaiting her return, her brothers find the bag of groceries, along the road, but not her. When she is finally located, her father is notified at work and by the time he arrives home the ambulance is also there. Her prognosis is not good at all, but somehow this child survives. However, due to the severity of her injuries she will never bear children.
The father is devastated to say the least. Neighbors inform the police and the family of the activities of the two young men in the pickup truck. Tonya who has managed to survive has confirmed that these men were her attackers. When law enforcement finally catches up to them in a bar, one sneaker of the little girl is still in the bed of the truck. This suggests to me that these young men had no fear of being punished for their actions, I liken this indifference to white privilege. Nevertheless, they are arrested by the sheriff who happens to be African-American.
When the father hears of the arrest he sneaks into the courthouse with a shotgun and hides out. It is his intention to shoot them when they go to their arraignment the following morning. Morning arrives and as these young men are being escorted in, the father emerges from his hiding place and shoots them, killing them. In the melee the police officer escorting them is shot in the leg. This all happens between the foyer and the staircase of the courthouse, which is packed with people who all wanted to witness the proceedings. The father, Carl Lee, is arrested, charged with murder, refused bail and denied a change of venue.
Carl Lee hires a young, with little experience attorney to represent him. The prosecutor, however, has a wealth of experience and looks forward to trying this case, which he is confident he will win.
The legal concept that was addressed in this movie relates to Ethics and Responsibility. Firstly, the judge and the prosecutor were very good friends and they did not try to hide it. Instead, they paraded their comradery all over town by having lunch together; laughing and joking. To me, the judge should have recused himself based on that relationship and the severity of the situation that created this trial in the first place. Secondly, the prosecutor made a public announcement about the juror list and how it would be kept under wraps until voir dire; however, his co-counsel waved an envelope to him as he was making the announcement. That suggested to me that they were given the juror list prior to voir dire so they had an advantage, this could only be done through the judge.
What I also realized was that jury trials, while they are supposed to deliver a verdict based on law and evidence and what was or was not proven, is first colored by our opinions, likes and dislikes, biases and prejudices. Also, a jury of our peers is a joke. This black man’s peers were twelve white jurors. All of the black eligible jurors were excused…what a farce! So, straight off the back he is at a disadvantage for a fair trial because not one juror looks like him.
This made me ask the question: what is justice? My answer is that justice is relative and 90% of justice has nothing to do with law or what is just. It is all about which side has the better resources and the most charismatic attorney who delivers the most plausible narrative.
In the end, Carl Lee, was found innocent and in my opinion that was based solely on the closing arguments of his attorney. His attorney, Jack Brigance, engaged the jury in story form and painted a detailed picture of what precisely happened to little Tonya. Mr. Brigance, asked the jury to close their eyes as he told this story. He repeatedly encouraged them to imagine it, imagine it, imagine her being raped, imagine the flesh of her little body being torn away as the unopened beer cans hit her, imagine her being thrown from the bridge because they wanted her dead, the dead tell no tales. He climaxed with one final imagery; for them to imagine that she was a little white girl. That singular request ripped their eyes open as it was so impactful. This suggests, that there is one standard of justice for blacks and another for whites in America. But, maybe, if you can imagine the crime happening to a white person maybe then, justice will be the same.
I’ve watched this movie many times. I’ve read the book, in fact, I own a copy yet I cried once again. As a mother, I wouldn’t wish this on anyone. I think it addressed many issues in the legal field especially in the south where the Klan and racism is still very much prevalent and they do influence “justice”. Yes, I would highly recommend it, while it speaks to matters we as a society don’t like to speak about, movies and books like this force conversations that need to be had.
I love the law and all of its shortcomings. ‘Justice at times is evasive…but we must seek her out where ever she tries to hide…’. We need to keep the scales balanced for the betterment of all. Movies like this, while made for entertainment, let me know that there is still so much work to be done. People with a love for helping others, a love for the law and most importantly, with integrity, are needed now more than ever. So, I will continue my pursuit in the legal profession as I know I can and will make a difference; no matter how small it may seem.
