This episode explores Anatomy of a Murder (1959), the legendary courtroom drama produced and directed by Otto Preminger. The film features an outstanding cast, including Jimmy Stewart, Lee Remick, Ben Gazzara, George C. Scott, and Eve Arden. It also includes the real-life Joseph N. Welch, who played a key role in finally taking down Senator Joseph McCarthy during the Army-McCarthy hearings of 1954. The film is widely regarded as one of the best courtroom dramas in the history of cinema. Joshua Dratel, a leading criminal defense attorney, joins as my guest expert to help examine this memorable film and to break down its timeless insights into the American criminal trial.
Timestamps:
0:00 Introduction
4:30 What makes a great courtroom drama?
8:50 Paul Biegler (Jimmy Stewart) interviews his client (Ben Gazzara)
16:04 Coming up with the defense of “irresistible impulse”
19:00 The role of cross-examination
26:22 Biegler (Jimmy Stewart) gets his defense in through cross-examination
29:08 The motive and the act in criminal law
33:43 Managing a defendant’s family
38:58 Dressing your client for court
40:57 Attacking the victim: who’s on trial here?
43:18 Claude Dancer (George C. Scott) grills Laura Manion (Lee Remick)
45:48 Impeaching the jailhouse informant
48:52 Grappling with questions of rape and consent circa 1959
51:13 Asking a witness one question too many
54:36 A classic reasonable doubt case
58:06 Poetic justice: Biegler is retained on a new case and his practice survives
1:01:41 Legal realism in fiction: None of it happened, but it’s all true
Further Reading:
Bogdanovich, Peter, Who the Devil Made It: Conversations with Legendary Film Directors (Alfred A. Knopf, 1997)
Christley, Jamie N., “Otto Preminger’s ‘Anatomy of a Murder’ on the Criterion Collection” Slant Magazine (Feb. 24, 2012), https://www.slantmagazine.com/dvd/anatomy-of-a-murder/
Fidler, John, “‘Anatomy of a Murder,’” Sense of Cinema (Mar. 2013), https://www.sensesofcinema.com/2013/cteq/anatomy-of-a-murder/
Huff, Timothy, “Anatomy of a Murder,” Legal Studies Forum vol. 24, issues 3 & 4, p. 661 (2000)
Nerdwriter1, “Anatomy of ‘Anatomy of a Murder’” (video), https://www.youtube.com/watch?v=S0Tm-7DvR2c
Tarr, Nina W., “A Different Ethical Issue in ‘Anatomy of a Murder’: Friendly Fire from the Cowboy-Lawyer,” Journal of the Legal Profession vol. 32, pp. 137-60 (2008)
Tobias, Scott, “‘Anatomy of a Murder,’” A.V. Club (Mar. 14, 2012), https://www.avclub.com/anatomy-of-a-murder-1798171960
Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember.
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