15 Anwesha Choudhury Nlud

Professional Communication Skills for Lawyers
Find courtroom dramas in literature and try to filter out the common
elements in them.
Subject: English II
Submitted to: Dr. Prassananshu
Submitted by: Anwesha Choudhury
Roll no.: 15/2012
Year: 1st Year, 2nd Semester
Group: N
Topic No. 97
National Law University, Delhi

2013
0
CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
Acknowledgement .. 2
Introduction . 3
Methodology .. 4
Observation Table 5
Analysis and Result 78
Discussion 79
Conclusion .. 81
References 82
ACKNOWLEDGEMNT
The topic I have chosen to research on is one of great interest to me, for my common love
towards both the law as well as book. I am, therefore, grateful to my professor, Dr.
Prassananshu, for making this topic a part of the syllabus, and, compelling me to work on it.
The project required me to look at various aspects of a trial scene from different perspectives
and draw conclusions. I am deeply indebted to Sir, for, his class room exercised gave me the
required skill to do the same.
Classes on literary pieces like Merchants of Venice, Benefit of Doubt arranged by Sir hav e
helped me a lot in applying a similar analysis to other works as well.
I am also thankful to my parents for providing me with resources I required to be able to
come up with the project.
And last but not the least, the University, for, the project would e a dream without the
facilities it has endowed its students with.
INTRODUCTION
Despite their apparent separation, law and literature have been closely linked fields
throughout history. Linguistic creativity is central to the law, with literary modes such as
narrative and metaphor infiltrating legal texts. Equally, legal norms of good and bad conduct,
of identity and human responsibility, are reflected or subverted in literature's engagement
with questions of law and justice (Kieran Dolin, A Critical Introduction to Law and
Literature). Law seeks to regulate creative expression, while literary texts critique and
sometimes openly resist the law. Law is literature but it also appears frequently in literature.
The trial itself has features in common with literature, and law and literature both require
interpretation. Literature may be constrained by the law and the law of defamation or
blasphemy. (Michael Freeman and Andrew Lewis, Law and Literature, Current Legal Issues
Volume 2).
Though the ways in which law is depicted in a book are be various, the researcher has
restricted the project to include only courtroom scenes and comment upon them.
The courtroom scene holds a natural fascination for writers of fiction. The obvious reason is
that fictional characters are often getting divorced and committing murders, all the while
suffering from a chronic case of bad luck just the sort one would expect to be regularly
hauled before a judge. But the underlying reason is that authors are in the same line of work
as jurors. The task of both begins with calling someone to account for his or her deeds(Thane
Rosenbum, Law Lit: From Atticus Finch to 'The Practice': A Collection of Great Writing
About the Law).
Through this project the researcher has not only attempted to go through a variety of trial
scenes but also to analyse them on the basis of the emphasis laid on each aspect of the same.
METHODOLOGY
The researcher went through a number of excerpts on trial scenes from various literary
pieces. A number of them like Merchant of Venice, Benefit of Doubt and Pro Archia
were a part of the syllabus itself.
Some others like Alice in Wonderland were known to the researcher well before.
But the major source for most of the excerpts was a book compiled and edited by Thane
Rosenbum, Law Lit: From Atticus Finch to 'The Practice': A Collection of Great Writing
About the Law.
After having gone through the excerpts the researcher put down the relevant parts in the
observation table, noted comments and came down with a first set of key words.
After having made the first set of key words the researcher clubbed the similar ones to a
second and much narrower set of key words, i.e.,
1.
2.
3.
4.
5.
6.
7.
Lawyer
Judge
Society
Accused
Victim
Witness
Courtroom
These are the common elements in most of them. Then the researcher has tried to analyse
them on the basis of these elements. In the sense, the researcher has tried to find out what do
authors emphasise more on in their courtroom scenes; lawyers tactics, arguments and views,
or judges role in the scene, or how the witness is examined, or the accuseds reaction on
being convicted or exonerated, or what the victims feelings and views are throughout the
trial, or how the courtroom is set and the procedure followed or whether and to what extent
does society influence what happens within the walls of a courtroom.
OBSERVATION TABLE
SL.
SOU
OBSERVATION
YOUR
KEY
NO.
1.
RCE
COMMENTS
WORDS
To kill Gentlemen, I shall be brief, but I would Through
this dramatic
a
like to use my remaining time with you to dramatic prologue start
mocki
remind you that the case of Mayella to
ng
Ewell vs. Tom Robinson is not a difficult speech,
bird,
one. It requires no minute sifting of protagonist here,
Harpe
complicated facts, but it does require you who is also the
r Lee.
to be sure beyond all reasonable doubt as defending
his
KEY WORDS 2
LAWYER
main
the
to the guilt of the defendant. To begin attorney, tends to

with, this case should have never come to appeal to peoples
trial. This case is as simple as black and soft
white.
corners
to
enable them to
see through his
2.
point of view.
To kill Gentlemen, I shall be brief, but I would The speaker also appeal
a
like to use my remaining time with you to tries to convince audience
mocki
remind you that the case of Mayella the audience to
ng
Ewell vs. Tom Robinson is not a difficult accept
bird,
one. It requires no minute sifting of from his point of
Harpe
complicated facts, but it does require you view. Though he
r Lee.
to be sure beyond all reasonable doubt as knows his case is
to AUDIENCE
things
to the guilt of the defendant. To begin a difficult one, he

with, this case should have never come to starts
off
by
trial. This case is as simple as black and convincing them

3.
white.
that its not.
To kill The state has not produced one iota of This
excerpt prejudice
ACCUSED,
medical evidence that shows that the reflects the states against
SOCIETY
mocki
crime Tom Robinson is charged with ever biased
ng
took place. The state has relied solely mind against the
bird,
upon the testimony of two witnesses defendant. This is
Harpe
whose evidence has not only been called analogous to the
r Lee.
into serious question, but has been flatly present

5
state
of accused
system
contradicted by the defendant.
4.
To
where the State

follows
the
principle
of
presumption
of
innocence.
The state has not produced one iota of The speaker does witness
Kill a medical evidence that shows that the not
WITNESS
randomly analysis
Mocki crime Tom Robinson is charged with ever make his point or
5.
ng
took place. The state has relied solely give his opinion.
Bird,
upon the testimony of two witnesses He substantiates it
Harpe
whose evidence has not only been called with
r Lee.
into serious question, but has been flatly reason
To
contradicted by the defendant.

evidence.
I need not remind you of their appearance The
courtroom social
proper
and
SOCIETY
Kill a and conduct on the stand. They have here is prejudiced injustice
Mocki presented themselves in the cynical against the negros
ng
confidence that their testimony would not to
begin
Bird,
be doubted. They were confident that which
Harpe
you, the jury, would go along with the consonant
r Lee.
evil assumption that all Negro's lie, and the
with
is
with
societys
are immoral. Mr. Robinson is accused of mindset.

rape, when it was she who made the
advances on him. He put his word against
two white people's, and now he is on trial
for no apparent reason- except that he is
6.
To
black.
I need not remind you of their appearance The trial here is social
Kill a and conduct on the stand. They have an unfair one.

Mocki presented themselves in the cynical
ng
confidence that their testimony would not
Bird,
be doubted. They were confident that
Harpe
you, the jury, would go along with the
r Lee.
evil assumption that all Negro's lie, and

are immoral. Mr. Robinson is accused of
injustice
SOCIETY
rape, when it was she who made the

advances on him. He put his word against
two white people's, and now he is on trial
for no apparent reason- except that he is
7.
black.
To kill But a court is only as sound as its jury, Here
the lawyers
and the jury is only as sound as the men protagonist
mocki
who
ng
I am confident that you gentlemen will jurys vanity. He
bird,
review without passion the evidence you reposes his trust
Harpe
have heard, come to a decision, and in them as being
r Lee.
restore the defendant to his family. In the fair
make
it
up. appeals
LAWYER
tactics
to
the
and
name of God, do your duty. In the name competent

of
God,
gentlemen,
believe
Tom enough to see his
Robinson.
point and hence

exonerate
8.
the
defendant.
To kill But a court is only as sound as its jury, The
lawyer judgea
and the jury is only as sound as the men knows that he is sycophancy
mocki
who
ng
I am confident that you gentlemen will jury and the trial
bird,
review without passion the evidence you is going to be an
Harpe
have heard, come to a decision, and unfair
r Lee.
restore the defendant to his family. In the Hence,
as
name of God, do your duty. In the name cannot
directly
of
make
God,
gentlemen,
it
believe
JUDGE
up. facing a biased
one.
he
Tom reproach them he
Robinson.
indirectly pleads
with them to be
fair.
The
final
decision rests in
9.
The
their hands.
Stunned, distraught, unconscious of its Here the author audience
Trage
own movement, the house half arose, as was
dy of if expecting to see the murderer appear at portrays
vividly expressions
the
AUDIENCE
Pudd
the door, and a breeze of muttered audiences
nhead
ejaculations swept the place.
expressions
and
Wilso
movements
at
very crucial stage
by
Mark
of the trial which
Twain
is an inevitable
part
of
any
courtroom scene
and makes even
the most dull of
trials
10.
dramatic
The
and entertaining.
Stunned, distraught, unconscious of its Disruptions are an audience
Trage
own movement, the house half arose, as indispensable part reaction
AUDIENCE
dy of if expecting to see the murderer appear at of ay courtroom

Pudd
the door, and a breeze of muttered drama.
nhead
ejaculations swept the place.
Wilso
n
by
Mark
11.
Twain
The
order in the court!-sit down! This from Order!
Trage
the sheriff. He was obeyed and the quiet definitely is one command
judges
dy of regained.
word with which
Pudd
even
nhead
would identify a
Wilso
courtroom.
JUDGE
layman
by
Mark
12
Twain
The
order in the court!-sit down! This from The
Trage
the sheriff. He was obeyed and the quiet however
audience, audiences
dy of regained.
ebullient, is also
Pudd
obedient.
reaction
AUDIENCE
nhead
Wilso
n
by
Mark
13.
Twain
The
A deafening explosion of applause was This
Trage
the answer.
again audiences
captures
dy of
audiences
Pudd
approbation.
AUDIENCE
the reaction
nhead
Wilso
n
by
Mark
14
Twain
The
A deafening explosion of applause was In
Trage
the answer.
courtroom lawyers
dramas,
common mindset
Pudd
is that if you can
nhead
sway the audience
Wilso
to your side, your
job is half done.
Mark
The lawyer here
Twain
is
successfully
applying
15.
a dramatics
dy of
by
LAWYER
that
The
tactic.
He moved to his place through a storm of In this scene, not order
Trage
applause-which the sheriff stopped and only the audience the court
in COURTROOM,
JUDGE
dy of made the people sit down, for they were but the judge, jury
Pudd
all standing and struggling to see, of as well as all
nhead
course.
Wilso
everybody had been too absorbed in officials
16.
Court,
jury,
sheriff,
and other
court
are
by observing Wilsons performance to attend enraptured by the
Mark
to the audience earlier.
advocates
Twain
The
performance.
He moved to his place through a storm of A good speaker lawyers
9
LAWYER,
Trage
applause-which the sheriff stopped and can
capture enrapturing
AUDIENCE
dy of made the people sit down, for they were everyones heart. audience
Pudd
all standing and struggling to see, of Here every single
nhead
course.
Wilso
everybody had been too absorbed in enraptured by the
17
Court,
jury,
sheriff,
and person
is
held
by observing Wilsons performance to attend speech.
Mark
to the audience earlier.
Twain
The
This produced a vast sensation naturally; An apprentice of accused
ACCUSED,
Trage
Roxanna was astonished at this admirable the accused is one reaction
AUDIENCE
dy of guess but not disturbed by it.
amongst
Pudd
audience. Such a
nhead
character adds to
Wilso
the
drama.
Theres
Mark
always
someone
Twain
in the courtroom
by
the
courtroom
who
18
hopes
The
against the lead.

This produced a vast sensation naturally; The accused is reaction of ACCUSED
Trage
Roxanna was astonished at this admirable sure
of
getting accused
dy of guess but not disturbed by it.
away. Hence, his
Pudd
apprentice
nhead
taken aback by
Wilso
the developments
made.
by
is
Mark
19
Twain
The
Roxys pulses stood still. The whole Capturing
Trage
house arose to seek a glimpse of the perpetrators
the reaction of AUDIENCE
dy of person who had made that exchange.
expression.
Pudd
Roxanna perhaps
nhead
is an accomplice
Wilso
or a supporter of
10
accused
by
the guilty who is
Mark
shell-shocked by
Twain
the
negative
developments
20
in
The
the case.
Roxys pulses stood still. The whole The
audience audiences
Trage
house arose to seek a glimpse of the actively
reaction
dy of person who had made that exchange.
participated in the
Pudd
developments
nhead
taking
Wilso
during the trial.
AUDIENCE
place
by
Mark
21
Twain
The
Tom was growing limp; the life oozing The
Trage
out of him.
guilty
is convicts
drained of blood reaction
dy of
as he realises that
Pudd
his lie wont stand
nhead
long.
ACCUSED/CONVIC
T
Wilso
n
by
Mark
22
Twain
The
Tom was growing limp; the life oozing The book vividly convicts
ACCUSED/
Trage
out of him.
CONVICT
captures
dy of
physiological
Pudd
changes
nhead
place
Wilso
accused
guilt
by
Mark
23
the reaction
taking
in
the
as
is
his
being
established.
Twain
The
Tom turned his ashen face imploring The guilty finally convicts
Trage
towards the speaker, made some impotent collapses to the reaction
dy of movements with his white lips and then floor

11
which,
if
CONVICT
Pudd
slid limp and lifeless to the floor.
nothing
more,
nhead
sort
Wilso
corroborates
guilt.
by
of
his
Mark
24
Twain
The
Tom turned his ashen face imploring The repercussions convicts
Trage
towards the speaker, made some impotent of
CONVICT
being reaction
dy of movements with his white lips and then convicted

Pudd
sometimes
nhead
include
Wilso
problems as well.
health
by
Mark
25
Twain
The
Tom turned his ashen face imploring This can also be cunning
Trage
towards the speaker, made some impotent viewed as a trick convict
CONVICT
dy of movements with his white lips and then employed by the

Pudd
26
accused, to either
nhead
get
Wilso
sentence or to be
able
by
a
to
Mark
while
Twain
medical
mild
escape
getting
The
treatment.
Tom turned his ashen face imploring A
conviction convicts
Trage
towards the speaker, made some impotent absolutely
CONVICT
shocked
dy of movements with his white lips and then destroys the life
Pudd
of an individual.
nhead
Hence the shock
Wilso
and grief might
have resulted in
by
Mark
27
Twain
Nativ
death.
Everybody rise, please
The mannerisms decorum

12
COURTROOM
e Son Everybody stood up.
of the court are of court
by
stuck to.
Richa
rd
Wrigh
28
t.
Nativ
Everybody rise, please
The audience is audiences
e Son Everybody stood up.
bound to maintain involvemen
by
the decorum of t
Richa
the court.
AUDIENCE
rd
Wrigh
29
t.
Nativ
Immediately
Bigger
heard
loud The author here role
of SOCIETY
e Son commotion. He turned his head and saw has also portrayed media
by
several men pushing through the crowd the role played by
Richa
toward the door. He knew they were media in covering
rd
newspaper men.
sensational cases.
Wrigh
30
t.
Nativ
Immediately
Bigger
heard
loud This shows that media
SOCIETY
e Son commotion. He turned his head and saw the case at hand is sensationali
by
several men pushing through the crowd a sensational one.
sing
Richa
toward the door. He knew they were
news
rd
newspaper men.
the
Wrigh
31
t.
Nativ
We must have order.
The
judge court
e Son
demands that the decorum
by
decorum of the
Richa
court
rd
maintained.
COURTROOM
be
Wrigh
32
t.
Nativ
We must have order.
This a common Judges

13
JUDGE
e Son
refrain in real as command
by
well as fictional
Richa
courtroom scenes.
rd
Wrigh
33
t.
Nativ
Your Honor! Buckley shouted.
This shows the arguments
e Son Allow me to finish, Max said.
tiff between the
by
public prosecutor
Richa
and the defending
rd
attorney.
LAWYER
Wrigh
34
35
t.
Nativ
Your Honor! Buckley shouted.
Such
rebuttals rebuttal-
LAWYER
e Son Allow me to finish, Max said.
and sur-rebuttals sur rebuttal
by
are inevitably the
Richa
most
interesting
rd
and
enjoyable
Wrigh
parts to read in
t.
any
Nativ
courtroom
fiction.
Your Honor, never in my life have I The
defending lawyers
LAWYER
e Son risen in court to make a plea with a firmer attorney starts of dramatics
by
conviction in my heart. I know that what his
speech
by
Richa
I have to say here touches the destiny of expressing
rd
an entire nation here. My plea here is for dilemma and also
Wrigh
more than one man and one people.
his
trying to convince
t.
the judge of the

need to hear him
36
Nativ
out.
Your Honor, never in my life have I The case at hand moral
e Son risen in court to make a plea with a firmer deals
with
a appeal
by
conviction in my heart. I know that what serious
Richa
I have to say here touches the destiny of prejudice. Hence audience
rd
an entire nation here. My plea here is for the judge must

14
social judge
JUDGE,
to AUDIENCE
&
Wrigh
more than one man and one people.
pronounce
t.
the
judgement
keeping
the
ramifications
37
Nativ
in
hindsight.
Your Honor, I have no desire to be The
attorney judge-
JUDGE
e Son disrespectful to the court but I must be plays with words. sycophancy
by
38
honest.
He apologises for
Richa
being
rd
disrespectful
Wrigh
before he is to
t.
create a positive
Nativ
impression.
Your Honor, I have no desire to be He is aware that judge-
e Son disrespectful to the court but I must be his

by
honest.
views
JUDGE
are sycophancy
analogous to the
Richa
judges. hence, he
rd
is playing safe.
Wrigh
39
t.
Nativ
but I have no excessive claims, Your Here again he is
e Son Honor, I donot deal in magic. I donot say being verbose. A

by
that if we study this mans live we shall key
Richa
solve all our problems, or that when we adversarial
rd
have all the facts at our disposal we shall methods
Wrigh
automatically know how to act. Life is dispute resolution
t.
not that simple. But I do say, that after I is played by how

have finished, you feel that death is the
role
in
of
lawyers
necessary then you are making an open present their case.

choice.
Though he might
be losing out to
facts, the lawyer
here attempts the
win the second
15
dramatics LAWYER
round.
40
Nativ
but I have no excessive claims, Your Another
moral
e Son Honor, I do not deal in magic. I do not important element appeal

by
say that if we study this mans live we is
the
Richa
shall solve all our problems, or that when appeal
rd
we have all the facts at our disposal we however
Wrigh
shall automatically know how to act. Life todays
t.
is not that simple. But I do say, that after circumstances

I have finished, you feel that death is does
LAWYER,
AUDIENCE
moral
which
in
not
carry
necessary then you are making an open much value.

choice.
41
Nativ
e Son
by
Richa
rd
Wrigh
t.
Again
"The hunt for Bigger Thomas served as
an excuse to terrorize the entire Negro
population,
to
Communists,
arrest
to
raid
hundreds
labor
of
union
headquarters and workers' organizations.
the
played
role social
SOCIETY
by prejudice
societys
influence
has
been
re-
emphasised.
Indeed, the tone of the press, the silence

of the church, the attitude of the
prosecution and the stimulated temper of
the people are of such nature as to
indicate that more than revenge is being
sought upon a man who has committed a
crime.
42
Nativ
e Son
by
Richa
rd
Wrigh
t.
When a weaker unfair

"The hunt for Bigger Thomas served as
an excuse to terrorize the entire Negro
population,
Communists,
to
arrest
to
raid
hundreds
labor
of
union
headquarters and workers' organizations.

Indeed, the tone of the press, the silence
of the church, the attitude of the
16
section of society societal

is a party in a trial influence
it
is
usually
discriminated
against, its crime
gets coupled with
the inherent crime
SOCIETY
that he belongs to
prosecution and the stimulated temper of
the people are of such nature as to
indicate that more than revenge is being
sought upon a man who has committed a
class
looked
down upon. Such

a trila is rarely
ever fair.
crime.
43
Do you see? In all this legal manoeuvring In
Time
something
has
gotten
lost.
all
literary moral
That courtroom scene, appeal
LAWYER,
AUDIENCE
to Kill something is the truth. Now, it is there inevitably is
44
by
incumbent upon us lawyers not to just a point where the
Akiva
talk about the truth but actually seek it emphasis is on
Golds
to find it, to live with it.
man
A
Do you see? In all this legal manoeuvring The task of the lawyers
Time
something
has
gotten
truth and morals.
lost.
That lawyer
is
LAWYER
to dramatics
to Kill something is the truth. Now, it is present the truth

by
incumbent upon us lawyers not to just of the case in
Akiva
talk about the truth but actually seek it front of the judge.
Golds
to find it, to live with it.
But most of the
man
time
vested
interests
supersede
the
desire to fight for

truth. Here, the
lawyer
is
principled
a
man
who is abiding by
45
his oath.
I want to tell you a story. I want you all to Here again
Time
close your eyes while I tell you this story. attorney brings in dramatics
to Kill I want you to listen to me. To listen to an

by
yourselves.
element
drama.
Akiva
17
the lawyers
of
LAWYER
Golds
46
man
A
I want to tell you a story. I want you all to The
Time
close your eyes while I tell you this story. employs
lawyer audience
every enraptured
to Kill I want you to listen to me. To listen to possible

by
yourselves.
AUDIENCE
method
to have his thing
Akiva
heard out.
Golds
47
48
man
A
The defense rests your honor.
The
judge
is judge
Time
constantly praised sycophancy
to Kill
and kept happy
by
by
Akiva
him
Golds
Honor.
man
A
The defense rests your honor.
referring
as
This
JUDGE
to
Your
is
the court
Time
conventional
to Kill
method
of
by
referring
to
Akiva
judges.
COURTROOM
mannerism
Golds
49
man
Merch DUKE I feel sorry for you. Youve come This
shows
an prejudice
ant of to face a ruthless enemy, an inhuman inherent bias in against

Venic
e
wretch incapable of pity, without any the Duke.
ACCUSED,
SOCIETY
accused
by feelings of mercy.
Willia
m
Shake
50
speare
Merch DUKE I feel sorry for you. Youve come A very rare case biased
ant of to face a ruthless enemy, an inhuman where the judge judge
Venic
e
wretch incapable of pity, without any sympathises with
by feelings of mercy.
one of the parties

18
JUDGE
Willia
before the trial
has begun.
Shake
51
speare
Merch BASSANIO
Thats no answer, you This
excerpt argument
ant of heartless man. It doesnt excuse your portrays

Venic
e
cruel behaviour.
LAWYER
courtroom brawl.
by SHYLOCK I dont have to give you
Willia
answers that you like
BASSANIO
Shake
they dont love?
Does everyone kill what
speare SHYLOCK
Does
anyone
hate
something and not want to kill it?

BASSANIO
Disliking something isnt
the same thing as hating it.

SHYLOCK
52
What, would you let a
snake bite you twice?

Merch BASSANIO Thats no answer, you The
opposing argument
LAWYERS
ant of heartless man. It doesnt excuse your parties have no

Venic
e
cruel behaviour.
respect for each
by SHYLOCK I dont have to give you other.
Willia
answers that you like
BASSANIO
Shake
they dont love?
speare SHYLOCK
common
This
is
to
all
Does everyone kill what trials.

Does
anyone
hate
something and not want to kill it?

BASSANIO
Disliking something isnt
the same thing as hating it.

SHYLOCK
53
What, would you let a
snake bite you twice?

Merch SALERIO My lord, a messenger is The duke, who judge
ant of waiting outside with letters from Bellario. shall
be sycophancy
Venic
the
Hes just come from Padua.
adjudicating
by
case, is referred to
19
JUDGE
Willia
as the Lord.
m
Shake
54
speare
Merch SALERIO
My lord, a messenger is A guest judge is role
of JUDGE
ant of waiting outside with letters from Bellario. being used here. judge
Venic
e
Hes just come from Padua.
The judge hopes
by
that
Willia
he
would
resolve the case.
m
Shake
55
speare
Merch DUKE Welcome. Please have a seat. Are As in real life lawyers
ant of you familiar with the case currently cases, here too the role
Venic
e
before the court?
LAWYER
and
lawyer is abreast duties
by PORTIA Yes, thoroughly. Which one is of the facts.
Willia
the merchant? And which one is the Jew?
m
Shake
56
speare
Merch PORTIA Yes, my lord.
The judge here is judge-
ant of
acknowledged as sycophancy
Venic
My Lord.
JUDGE
by
Willia
m
Shake
57
speare
Merch PORTIA Yes, my lord.
The duke plays court-
ant of
the role of the mannerisms
Venic
judge as well.
by
Willia
m
Shake
20
COURTROOM
58
speare
Merch PORTIA No one shows mercy because Here comes the moral
AUDIENCE
ant of he has to. It just happens, the way gentle time to shed some appeal
Venic
e
rain drops on the ground. Mercy is a light
on
mercy
by double blessing. It blesses the one who and other humane
Willia
gives it and the one who receives it. Its principles.
strongest in the strongest people. It looks
Shake
better in a king than his own crown looks
speare on him. The kings sceptre represents his

earthly power, the symbol of majesty, the
focus of royal authority. But mercy is
higher than the sceptre. Its enthroned in
the hearts of kings, a quality of God
himself. Kingly power seems most like
Gods power when the king mixes mercy
with justice. So although justice is your
59
plea, Jew, consider this.

Merch PORTIA No one shows mercy because It seeks to imbibe moral
AUDIENCE,
ant of he has to. It just happens, the way gentle some goodness in appeal
LAWYER
Venic
e
rain drops on the ground. Mercy is a the
people
by double blessing. It blesses the one who assembled as well
Willia
gives it and the one who receives it. Its as the parties.
strongest in the strongest people. It looks
Shake
speare on him. The kings scepter represents his

higher than the scepter. Its enthroned in
60
plea, Jew, consider this

Merch PORTIA: No one shows mercy because This is also a lawyers
21
LAWYER
ant of he has to. It just happens, the way gentle futile attempt by dramatics
Venic
e
rain drops on the ground. Mercy is a the
lawyer
to
by double blessing. It blesses the one who change Shylocks
Willia
gives it and the one who receives it. Its mind and hence
strongest in the strongest people. It looks help him.
Shake
speare on him. The kings scepter represents his

higher than the scepter. Its enthroned in
61
plea, Jew, consider this

Merch PORTIA: That cant happen. Theres no This again reveals lawyers
LAWYER
ant of power in Venice that can change an that the lawyer is ethics
Venic
e
established decree. The change will be experienced
and
by recorded as a precedent, and many bad well versed with
Willia
legal decisions will result. That cant the laws of the
happen.
land.
Shake
62
speare
Merch PORTIA: That cant happen. Theres no This talks about social
ant of power in Venice that can change an policy
implication
Venic
established decree. The change will be considerations.
SOCIETY
by recorded as a precedent, and many bad
Willia
legal decisions will result. That cant
happen.
Shake
63
speare
Merch Whether the offending person lives or This excerpt re- judgeant of dies is up to the duketheres no one emphasises
Venic
that sycophancy
else to appeal to. In your predicament God like presence
22
JUDGE
64
by youve earned that punishment, because of
judges
Willia
youve clearly contrived indirectlyand courtrooms.
directly tooto take the life of the
Shake
defendant. So get down on your knees
speare and beg mercy from the duke.

Merch Whether the offending person lives or Tables
have lawyers
ant of dies is up to the duketheres no one turned.

Venic
e
65
in
LAWYER
The dramatics
else to appeal to. In your predicament plaintiff has now
by youve earned that punishment, because been proved to be
Willia
youve clearly contrived indirectlyand the
wrong-doer
directly tooto take the life of the and
hence,
Shake
defendant. So get down on your knees sentenced.
speare and beg mercy from the duke.

The
But Watson was soon to learn. Patsy Perjury
unfair
Benef
trial
it
Horan and two of his satellites testified to undoubtedly
of a most colossal aggregation of perjuries. changes
the
Doubt
Watson could not have believed it course
by
possible without having experienced it. fictional
Jack
They denied the existence of the other courtroom scene.
Londo four men. And of the two that testified, It

n
COURTROOM
of
any
arouses
one claimed to have been in the kitchen, a sympathy as well

witness to Watson's unprovoked assault as excitement in
on Patsy, while the other, remaining in the minds of the
the bar, had witnessed Watson's second reader
and
can
and third rushes into the place as he make
even
the
attempted to annihilate the unoffending most
vapid
of
Patsy. The vile language ascribed to cases interesting.

Watson
was
so
voluminously
and
unspeakably vile, that he felt they were

66
The
injuring their own case.

But Watson was soon to learn. Patsy An
Benef
Horan and two of his satellites testified to fellow
it
innocent unfair
of a most colossal aggregation of perjuries. victimised.
Doubt
is trial
This audience
Watson could not have believed it brings into picture reaction
23
AUDIENCE
by
possible without having experienced it. the faith reposed
Jack
They denied the existence of the other in
law
by
Londo four men. And of the two that testified, common citizens
n
one claimed to have been in the kitchen, a and how shellwitness to Watson's unprovoked assault shocked they are
on Patsy, while the other, remaining in when this trust in
the bar, had witnessed Watson's second shattered in the
and third rushes into the place as he courts of law.
attempted to annihilate the unoffending
Patsy. The vile language ascribed to
Watson
was
so
voluminously
and
unspeakably vile, that he felt they were

67
The
injuring their own case.

"I was strolling casually along the street, Here
Benef
your Honor," Watson began, but was defendant
it
of interrupted by the Judge.
denied
the unfair
is trial
a
fair
Doubt
"We are not here to consider your chance to speak
by
previous
Jack
Witberg. "Who struck the first blow?"
actions,"
bellowed
COURTROOM
Judge for himself.
Londo "Your Honor," Watson pleaded, "I have

n
no witnesses of the actual fray, and the

truth of my story can only be brought out
by telling the story fully--"
Again he was interrupted.
"We do not care to publish any magazines
here," Judge Witberg roared, looking at
him so fiercely and malevolently that
Watson could scarcely bring himself to
believe that this was same man he had
studied a few minutes previously.
68
The
"I was strolling casually along the street, The judge asks judges
Benef
your Honor," Watson began, but was him to be concise orders
it
of interrupted by the Judge.
and this doesnt

24
JUDGE
Doubt
"We are not here to consider your really help. The
by
previous
Jack
Witberg. "Who struck the first blow?"
actions,"
bellowed
Judge defendant is stuck

in a quandary.
Londo "Your Honor," Watson pleaded, "I have

n
no witnesses of the actual fray, and the

truth of my story can only be brought out
by telling the story fully--"
Again he was interrupted.
"We do not care to publish any magazines
here," Judge Witberg roared, looking at
him so fiercely and malevolently that
Watson could scarcely bring himself to
believe that this was same man he had
studied a few minutes previously.
69
The
"Who struck the first blow?" Patsy's The
prosecutor arguments
Benef
attorney asked.
his
it
plays
of
LAWYER
role
perfectly
by
Doubt
asking
crafty
by
questions to get
Jack
the desired result.
Londo
70
n
The
"Who struck the first blow?" Patsy's This
Benef
attorney asked.
it
71
shows
a Lawyers
LAWYER
weakness of the tactics
of
adversarial
Doubt
system.
The
by
lawyers often ask
Jack
crafty
Londo
to get the answers
questions
n
The
that the desire.

"Are you aware of the solemnity of the Here the judge dramatics
LAWYER,
Benef
oath you took to testify to nothing but the mentions
JUDGE
it
of truth on this witness stand?" the Judge solemnity
25
the
of
Doubt
demanded. "This is a fairy story you are oath. This again
by
telling. It is not reasonable that a man adds
Jack
would so injure himself, and continue to element of drama
Londo injure himself, by striking the soft and and

n
to
the
is
also
sensitive parts of his face against your consistent
with
head. You are a sensible man. It is the present day

unreasonable, is it not?"
72
practices.
The
"Are you aware of the solemnity of the The
Benef
oath you took to testify to nothing but the rebukes
it
judge judges
JUDGE
the orders
of truth on this witness stand?" the Judge witness for being
Doubt
demanded. "This is a fairy story you are unreasonable.
by
telling. It is not reasonable that a man
Jack
would so injure himself, and continue to
Londo injure himself, by striking the soft and

n
sensitive parts of his face against your

head. You are a sensible man. It is
unreasonable, is it not?"
73
The
"Men are unreasonable when they are The parties to the judge
Benef
angry," Watson answered meekly.
it
trial (or anybody) sycophancy
of Then it was that Judge Witberg was are not expected
Doubt
74
deeply outraged and righteously wrathful. to
give
by
opinions.
Jack
would invite the
Londo
judges wrath.
n
The
"I but answered your question, your Judges,
Benef
Honor," Watson protested humbly.
it
JUDGE
It
judges
undoubtedly, have orders
of "You did nothing of the sort," was the a stature of Gods
Doubt
next blast. "And let me warn you, sir, let in courtrooms. In
by
me warn you, that you are laying yourself fictions
Jack
liable to contempt by such insolence. And stature
Londo I will have you know that we know how exaggerated.
26
this
is
JUDGE
to observe the law and the rules of

courtesy
down
here
in
this
little
courtroom. I am ashamed of you."

75
The
"I but answered your question, your The judges are judge-
Benef
Honor," Watson protested humbly.
it
JUDGE
not ready to bear sycophancy
of "You did nothing of the sort," was the their contempt or
Doubt
next blast. "And let me warn you, sir, let to feel belittled
by
me warn you, that you are laying yourself under
Jack
liable to contempt by such insolence. And circumstances.
any
Londo I will have you know that we know how

n
to observe the law and the rules of

courtesy
76
down
here
in
this
little
The
courtroom. I am ashamed of you."

"Patrick Horan has testified that he was At the end of the judgement
Benef
in danger of his life and that he was trial
it
the
of compelled to defend himself," Judge gives
the
judge
final
Doubt
Witberg's verdict began. "Mr. Watson has verdict.
Both
by
testified to the same thing. Each has parties are given
Jack
sworn that the other struck the first blow; an
equal
Londo each has sworn that the other made an opportunity to be

n
unprovoked assault on him. It is an axiom heard
and
the
of the law that the defendant should be accused is always

given the benefit of the doubt. A very given the benefit
reasonable doubt exists. Therefore, in the of
doubt.
This
case of the People Versus Carter Watson marks a proper

the benefit of the doubt is given to said trial
consistent
Carter Watson and he is herewith ordered with
actual
discharged from custody. The same hearings.

reasoning applies to the case of the
People Versus Patrick Horan. He is given
the benefit of the doubt and discharged
from custody. My recommendation is that
both defendants shake hands and make
27
JUDGE
up."
77
The
"The point is well taken," he decided. "I The judge here judges
Benef
am surprised at you, Mr. Witberg, reprimands one of orders
it
JUDGE
of claiming to be a judge and skilled in the the accused who
Doubt
practice of the law, and yet being guilty also happens to
by
of such unlawyer like conduct. Your be a judge by
Jack
manner, sir, and your methods, remind profession.
Londo me of a shyster. This is a simple case of

n
assault and battery. We are here to

determine who struck the first blow, and
we are not interested in your estimates of
Mr. Watson's personal character. Proceed
with your story."
78
The
"The point is well taken," he decided. "I Here again there moral
Benef
am surprised at you, Mr. Witberg, is a glimpse of a appeal
it
of claiming to be a judge and skilled in the moral
lecture
Doubt
practice of the law, and yet being guilty especially
by
of such unlawyer like conduct. Your condemning
Jack
manner, sir, and your methods, remind judges
Londo me of a shyster. This is a simple case of indulgence

n
AUDIENCE
a
in
assault and battery. We are here to unlawful

determine who struck the first blow, and behaviour.
we are not interested in your estimates of
Mr. Watson's personal character. Proceed
with your story."
79
The
"Sit down,
Benef
thundered command. "If you interrupt the emphasises
it
sir!"
was
the
Justice's This excerpt re- court
of Court in this manner again, I shall fine judges
a decorum
position
Doubt
you for contempt. And I warn you I shall and
by
fine you heavily--you, a judge yourself, contempt of court
Jack
who should be conversant with the would lead to dire
28
also
that
COURTROOM
80
Londo courtesy and dignity of courts.
consequences.
n
The
. I shall now give my verdict:
As
Benef
"It is a rule of law that the defendant shall judge gives the
it
always
the judgement
JUDGE
of be given the benefit of the doubt. As I verdict at the end
Doubt
have said, and I repeat, there is no legal of a fair hearing.
by
way for me to determine who struck the
Jack
first blow. Therefore, and much to my
Londo regret,"--here he paused and glared at Sol

n
Witberg--"in each of these cases I am

compelled to give the defendant the
benefit of the doubt. Gentlemen, you are
both dismissed."
81
Pro
And, that it may not appear marvellous to The
Archi
any one of you, that I, in a formal attorney
a by
proceeding like this, and in a regular arouses sympathy dramatic

court of justice, when an action is being as
defending lawyers
well
here tactics
as
an opening
tried before a praetor of the Roman eagerness to listen

people, a most eminent man, and before to his arguments
most impartial judges, before such an by making this
assembly and multitude of people as I see humble yet witty
around me, employ this style of speaking, entreaty.
which is at variance, not only with the
ordinary usages of courts of justice, but
with the general style of forensic
pleading; I entreat you in this cause to
grant me this indulgence, suitable to this
defendant, and as I trust not disagreeable
to you,--the indulgence, namely, of
allowing me, when speaking in defence
of a most sublime poet and most learned
man, before this concourse of highlyeducated citizens, before this most polite
29
LAWYER
and accomplished assembly, and before

such a praetor as him who is presiding at
this trial, to enlarge with a little more
freedom than usual on the study of polite
literature and refined arts, and, speaking
in the character of such a man as that,
who, owing to the tranquillity of his life
and the studies to which he has devoted
himself, has but little experience of the
dangers of a court of justice, to employ a
82
Inheri
t
new and unusual style of oratory.

And, that it may not appear marvellous to The lawyer uses a heart-to-
the any one of you, that I, in a formal different style of heart
Wind
proceeding like this, and in a regular speaking,
one appeal
by
court of justice, when an action is being which will make
Jerom
tried before a praetor of the Roman it easier for him
people, a most eminent man, and before to connect with
Lawre most impartial judges, before such an the hearts and not
nce
assembly and multitude of people as I see just
and
around me, employ this style of speaking, people.
Rober
Edwin with the general style of forensic

Lee

30
minds
of
AUDIENCE

83
Inheri
t

And, that it may not appear marvellous to The
attorney judge
JUDGE,
to
ATTORNEY
the any one of you, that I, in a formal appeals
the sycophancy
Wind
proceeding like this, and in a regular judges and jurys
by
court of justice, when an action is being vanity
Jerom
tried before a praetor of the Roman constantly
people, a most eminent man, and before praising
Lawre most impartial judges, before such an Though
by
them.
he
is
nce
assembly and multitude of people as I see requesting
and
around me, employ this style of speaking, their permission,
Rober
which is at variance, not only with the he does it in such
ordinary usages of courts of justice, but a
manner
for
that
Edwin with the general style of forensic they cannot refuse

Lee
pleading; I entreat you in this cause to to him.

31

84
Inheri
t

And, that it may not appear marvellous to He
the any one of you, that I, in a formal permission
seeks judge
to sycophancy
Wind
proceeding like this, and in a regular continue with the
by
court of justice, when an action is being anomaly. Though
Jerom
tried before a praetor of the Roman he is requesting
people, a most eminent man, and before for
Lawre most impartial judges, before such an permission,
their
he
nce
assembly and multitude of people as I see does it in such a
and
around me, employ this style of speaking, manner that they
Rober
which is at variance, not only with the cannot refuse to
ordinary usages of courts of justice, but him.
Edwin with the general style of forensic

Lee

32
JUDGE

85
Pro

And, that it may not appear marvellous to He also creates a laweyrs
archia
any one of you, that I, in a formal very
pleasant tactics
proceeding like this, and in a regular image
of
court of justice, when an action is being accused
ACCUSED
the pleasant
before portrayal of
tried before a praetor of the Roman officially

people, a most eminent man, and before beginning
accused
with
most impartial judges, before such an the pleadings.

assembly and multitude of people as I see
around me, employ this style of speaking,
86
Pro

And, that it may not appear marvellous to This is done with heart-to33
AUDIENCE
Archi
any one of you, that I, in a formal the intention to heart appeal
proceeding like this, and in a regular create a certain to

court of justice, when an action is being sense
of audience
tried before a praetor of the Roman inclination in the

people, a most eminent man, and before minds of the jury,
most impartial judges, before such an judge
and
assembly and multitude of people as I see onlookers

around me, employ this style of speaking, favour
in
of
the
which is at variance, not only with the accused.

87
Pro

And if I feel that that indulgence is given He is endlessly pleasant
Archi
and allowed me by you, I will soon cause praising his client portrayal of
you to think that this Aulus Licinius is a describing him as accused

man who not only, now that he is a an asset for the
34
ACCUSED
citizen, does not deserve to be expunged country
who
from the list of citizens, but that he is should be granted

worthy, even if he were not one, of being citizenship if he
now made a citizen.
88
has
not
been
Pro
already.
There is a man present of the very highest The
Archi
authority, a most scrupulous and truthful presents qualified analysis
man, Lucius Lucullus, who will tell you witnesses
author witness
WITNESS
to
not that he thinks it, but that he knows it; corroborate
his
not that he has heard of it, but that he saw point.

it; not even that he was present when it
was done, but that he actually did it
89
Pro
himself.
There is a man present of the very highest The
Archi
authority, a most scrupulous and truthful explains
man, Lucius Lucullus, who will tell you credibility of the

not that he thinks it, but that he knows it; witness
lawyer witness
WITNESS
the analysis
he
has
not that he has heard of it, but that he saw called upon.
it; not even that he was present when it
was done, but that he actually did it
90
Pro
himself.
You must rely wholly on what arguments This is where the arguments
Archi
you can find. For he will never be rebuttals
convicted either by his own opinion or The
start.
counsel
his case, or by that which is formed of it systematically

by his friends. You ask us, O Gratius, rebuts
why we are so exceedingly attached to opponent.
this man. Because he supplies us with
food whereby our mind is refreshed after
this noise in the forum, and with rest for
our ears after they have been wearied
with bad language. Do you think it
possible that we could find a supply for
our daily speeches, when discussing such
35
his
LAWYER
a variety of matters, unless we were to

cultivate our minds by the study of
literature; or that our minds could bear
being kept so constantly on the stretch if
we did not relax them by that same
91
Pro
study?
You must rely wholly on what arguments He is not only heated
Archi
you can find. For he will never be rebutting
convicted either by his own opinion or opponent but also rebuttals
LAWYER
his argument
his case, or by that which is formed of it rebukes him for and
sur-
by his friends. You ask us, O Gratius, his childish folly rebuttals
why we are so exceedingly attached to and looks down
this man. Because he supplies us with upon him with
food whereby our mind is refreshed after contempt.
92
Pro
study?
You must rely wholly on what arguments The
Archi
you can find. For he will never be very well aware sycophancy
convicted either by his own opinion or that the judge as
speaker
is judge-
his case, or by that which is formed of it well as the jury

by his friends. You ask us, O Gratius, members is lover
why we are so exceedingly attached to of art. Hence he
this man. Because he supplies us with now appeals that
food whereby our mind is refreshed after the accused be let
this noise in the forum, and with rest for go on grounds of
36
JUDGE
our ears after they have been wearied his
literary
with bad language. Do you think it contributions that

possible that we could find a supply for are invaluable.
93
Pro
study?
You must rely wholly on what arguments This also forms a argument
Archi
you can find. For he will never be part
convicted either by his own opinion or rebuttals.
of
LAWYER
the
his case, or by that which is formed of it

by his friends. You ask us, O Gratius,
why we are so exceedingly attached to
this man. Because he supplies us with
food whereby our mind is refreshed after
94
Pro
study?
(for I will take advantage of your The attorney is judge-
Archi
kindness, since you listen to me so witty. He uses the sycophancy
attentively while speaking in this unusual judges

manner,)
inclination
towards him his
37
JUDGE
95
Pro
advantage.
(for I will take advantage of your He
constantly lawyers
Archi
kindness, since you listen to me so praises the judges tactics
attentively while speaking in this unusual so than he can use

manner,)
96
LAWYERS
their predilection
to his advantage.
SECUTOR. Colonel, do you solemnly A
typical witness
Few
swear that testimony you will give in this courtroom scene analysis
Good
General Court-Martial will be the truth, where
Men
the whole truth, and nothing but the truth procedure
by
so help you God?
strictly followed.
Aaron
A. Yes i do
Here, a witness
Sorki
99) Q. Would you state your name, rank, has been called
and current billet for the record please, upon.
WITNESS
correct
is
air?
A.
Colonel
Nathan
R.
Jessep,
Commanding officer, Marine Ground

97
Forces, Guantanamo Bay, Cuba.

SECUTOR. Colonel, do you solemnly Though they are courtroom
Few
swear that testimony you will give in this already aware of procedure
Good
General Court-Martial will be the truth, these
Men
the whole truth, and nothing but the truth cross-checking is
by
so help you God?
necessary
Aaron
A. Yes i do
prevent
Sorki
99) Q. Would you state your name, rank, slightest
and current billet for the record please, discrepancy.
COURTROOM
details fair trial

to
the
air?
A.
Colonel
Nathan
R.
Jessep,
Commanding officer, Marine Ground

98
Forces, Guantanamo Bay, Cuba.

Q. Yes sir. Colonel, at the time of this The prosecutor is witness
Few
meeting, you gave Lt. Kendrick an order, examining
Good
is that right?
Men
A. I told Kendrick to tell his men that
by
Santiago wasn't to be touched.
witness.
38
the examination
WITNESS
Aaron
104) Q. And did you give an order to
Sorki
Captain Markinson as well?
A. I ordered Markinscn to have Santiago

transferred off the base immediately.
105) Q. Why?
A. I felt that his life might be in danger
once word of the letter got out.
106) Q. Grave danger?
A. Is there another kind?
99
Q. Yes sir. Colonel, at the time of this The witness here uncooperat
Few
meeting, you gave Lt. Kendrick an order, is
Good
is that right?
Men
A. I told Kendrick to tell his men that respectable post.
by
Santiago wasn't to be touched.
Aaron
104) Q. And did you give an order to curt and have a
Sorki
Captain Markinson as well?
A. I ordered Markinscn to have Santiago
WITNESS
person ing witness
holding
His answers are

trace of contempt.
transferred off the base immediately.

105) Q. Why?
A. I felt that his life might be in danger
once word of the letter got out.
106) Q. Grave danger?
A. Is there another kind?
100
Q. And you brought your dress uniform A very interesting lawyers
Few
with you.
part
Good
A. Yes.
courtroom scene
Men
112) Q. And a toothbrush? A shaving kit? is
by
Change of underwear?
witness is being
Aaron
PROSECUTOR. Your honor.
asked
Sorki
DEF. Is the Colonel's underwear a matter that
of national security?
Judge:
Gentlemen.
in
where
a tactics
the
question
seem
baseless,
You
better
get ridiculous and out

39
LAWYER
somewhere fast with this, Lieutenant.
of
context
but
Q. Yes sir. Colonel?
play a key role in
A. I brought a change of clothes and bringing out the

some personal items.
101
desired result.
Q. And you brought your dress uniform The
Few
with you.
keeps the witness analysis
Good
A. Yes.
busy
Men
112) Q. And a toothbrush? A shaving kit? legion
by
Change of underwear?
Aaron
PROSECUTOR. Your honor.
Sorki
DEF. Is the Colonel's underwear a matter
of national security?
Judge:
Gentlemen.
prosecutor witness
with
WITNESS
his
of
questions.
You
better
get
somewhere fast with this, Lieutenant.

Q. Yes sir. Colonel?
A. I brought a change of clothes and
some personal items.
102
Crystal. Colonel, I have just one more The witness here lawyers
Few
question before I call Airman O'Malley falls into his own tactics
Good
and Airman Perez: If you gave an order trap.
Men
that Santiago wasn't to be touched, and contradicts
by
your orders are always followed, then himself.
Aaron
why would he be in danger, why would it brings
Sorki
be necessary to transfer him off the base?
A. Private Santiago was a sub-standard to the truth. This
He
This
the
prosecutor closer
marine. He was being transferred off the undoubtedly

base because--
is
one of the most
133) Q. But that's not what you said. You enthralling

said he was being transferred because he moments
in
was in grave danger.
court. The witness
A. Yes. That's correct, but--
does not realise
134) Q. You said, "He was in danger". I till it is already

40
LAWYER
said, "Grave danger". You said--
late that he is
A. Yes, I recall what--
immured.
135) Q. I can have the Court Reporter

read back your-A. I know what I said. I don't need it read
back to me like I'm a damn-136) Q. Then why the two orders?
Colonel? Why did you-A. Sometimes men take matters into their
own hands.
137) Q. No sir. You made it clear just a
moment ago that your men never take
matters into their own hands. Your men
follow orders or people die. So Santiago
shouldn't have been in any danger at all,
should he have, Colonel?
103
Crystal. Colonel, I have just one more Vigilance is the lawyers
Few
question before I call Airman O'Malley key to a lawyers tactics
Good
and Airman Perez: If you gave an order success. A single
Men
that Santiago wasn't to be touched, and word correctly (or
by
your orders are always followed, then incorrectly) used
Aaron
why would he be in danger, why would it can change the
Sorki
be necessary to transfer him off the base?
A. Private Santiago was a sub-standard Even
course of the trial.

the
marine. He was being transferred off the witnesses must be

base because--
careful when they
133) Q. But that's not what you said. You speak, especially
said he was being transferred because he if
they
are
was in grave danger.
fabricating
stuff
A. Yes. That's correct, but--
up they must be
134) Q. You said, "He was in danger". I prudent enough to

said, "Grave danger". You said--
prevent
A. Yes, I recall what--
trapped,
41
being
as
it
LAWYER
135) Q. I can have the Court Reporter happens here.

read back your-A. I know what I said. I don't need it read
back to me like I'm a damn-136) Q. Then why the two orders?
Colonel? Why did you-A. Sometimes men take matters into their
own hands.
137) Q. No sir. You made it clear just a
moment ago that your men never take
matters into their own hands. Your men
follow orders or people die. So Santiago
shouldn't have been in any danger at all,
should he have, Colonel?
104
You little bastard.
In frustration, a convicts
ACCUSED/
Few
cuss
CONVICT
Good
muttered.
Men
takes
by
closer to reality.
word
is reaction
This
fiction
Aaron
Sorki
105
n
A
You little bastard.
Guilt
of
the convicts
Few
colonel has been reaction
Good
proved. Now he is
Men
filled with hatred
by
for the attorney.
Aaron
Hence, the curse.
ACCUSED/
CONVICT
Sorki
106
n
A
Q. Did you order the code red?
The
Few
A. I did the job you sent me to do.
finally gives in. reaction
Good
141) Q. Did you order the code red?
repeated
42
witness lawyers
LAWYERS
Men
A. You're goddamn right I did.
questioning is a
by
key
to
getting
Aaron
your
Sorki
answer.
The
prosecutor
here
desired
certainly
sharp
107
has
lawyering
Q. Did you order the code red?
skills.
The lawyer
Few
A. I did the job you sent me to do.
convinced that he interrogatio
Good
141) Q. Did you order the code red?
is very close to n
Men
A. You're goddamn right I did.
the truth. Hence
is witness
by
he
Aaron
confidently
Sorki
commandingly.
He is determined
WITNESS
speaks
and
to not let him get

away
108
with
the
crime.
The
defending lawyers
ROSS
Few
Object. Your Honor, it's obvious that Lt. attorney tries to tiff
Good
Kaffee's intention this morning is to defend his client
Men
smear a high ranking marine officer in by accusing the
by
the
Aaron
appearance of impropriety will win him being improper in
Sorki
points
desperate
hope
with
that
the
the
mere prosecutor
jury. his
court
of
room
mannerisms.
ROSS
However
his
(continuing)
objection
is
It's my recommendation, sir, that Lt. overruled.

Kaffee receive an official reprimand from
the bench, and that the witness be
excused
with
the
Court's
deepest
apologies.
43
LAWYERS
RANDOLPH ponders this a moment.

RANDOLPH
(pause)
Overruled.
ROSS
Your
honor--
RANDOLPH
109
The objection's noted.

ROSS
Few
Object. Your Honor, it's obvious that Lt. such tactics just tactics
Good
Kaffee's intention this morning is to to
Men
smear a high ranking marine officer in opponent go off-
by
the
Aaron
appearance of impropriety will win him fluster them
Sorki
points
desperate
hope
with
Lawyers often use lawyers
that
the
the
mere track
jury.
n
ROSS
(continuing)
It's my recommendation, sir, that Lt.
Kaffee receive an official reprimand from
the bench, and that the witness be
excused
with
the
Court's
deepest
apologies.
RANDOLPH ponders this a moment.
RANDOLPH
(pause)
Overruled.
44
make
and
their
to
LAWYERS
ROSS
Your
honor--
RANDOLPH
110
The objection's noted.

And Jessep lunges at Kaffe, and Kaffe
When guilt has convicts
ACCUSED/
Few
would be dead but for the three MPs who
been proved, the reaction
CONVICT
Good
leap in to restrain Jessep. Sam and Joe
guilty often loses
Men
have come to their feet and stand behind
whose calm and
by
Kaffe.
takes on anyone
Aaron
he
considers
Sorki
responsible
his
for
situation.
Such
violent
attacks
mark
desperation to be
lat free, inability
to cope with the
fact
that
they
have been caught,

and
most
importantly, being
in a state of shock
that
111
112
they
are
And Jessep lunges at Kaffe, and Kaffe
actually caught
Guilt
of
the convicts
Few
would be dead but for the three MPs who
colonel has been reaction
Good
leap in to restrain Jessep. Sam and Joe
proved. Now he is
Men
have come to their feet and stand behind
filled with hatred
by
Kaffe.
for the attorney.
Aaron
Hence, unable to
Sorki
control his anger
n
A
he plunges at him.
JESSEP: (continuing to Kaffe)Im gonna The
guilty convicts
45
ACCUSED
/CONVICT
ACCUSED
113
Few
tear your eyes right outta your head and endlessly
Good
piss in your dead skull. You fucked with the
Men
the wrong Marine.
curses reaction
/CONVICT
prosecutor.
Its a means to
by
give vent to his
Aaron
anger, desperation
Sorki
and frustration.
n
A
JESSEP: (continuing to Kaffe)Im gonna Guilt
Few
tear your eyes right outta your head and colonel has been reaction
Good
piss in your dead skull. You fucked with proved. Now he is
Men
the wrong Marine.
of
the convicts
ACCUSED
/CONVICT
filled with hatred
by
for the attorney.
Aaron
He is totally out
Sorki
of his senses and
hence indulges in
the use of such
foul language and
this condemnable
114
behaviour.
JESSEP: I saved lives. That boy there The guilty tries to convicts
ACCUSED
Few
was weak link. I saved lives, you hear justify his crime reaction
/CONVICT
Good
me.
by
coming
Men
with
as
by
excuses
Aaron
possible.
up
many
as
Sorki
115
n
A
JESSEP: I saved lives. That boy there He screams out convicts
ACCUSED
Few
was weak link. I saved lives, you hear loud to make his violent
/CONVICT
Good
me.
point.
Men
by
Aaron
Sorki
46
reaction
116
n
Inheri
t
Brady:
The
excerpt
is social
SOCIETY
the We must not abandon Faith! Faith is a from a trial which influence
Wind
most important thing!
more or less is a
by
Drummond:
duel
Jerom
Then why did God plague us with the religion
power to think Mr.Brady, why do you science.
between
and
Lawre deny the one faculty of man that raises

nce
him above the other creatures of the
and
Earth, the power of his brain to reason?
Rober
What other merit have we? The Elephant
is larger, the Horse is swifter and
Edwin stronger, the Butterfly is far more

Lee
beautiful, the Mosquito is more prolific,

even the simple Sponge is more durable!
What does a Sponge think?
Brady:
I dont know, Im a Man not a Sponge!
(Court laughs)
117
Inheri
t
Brady:
At this moment lawyers
the We must not abandon Faith! Faith is a the crowd jeers tactics
Wind
most important thing!
Brady
for
his
by
Drummond:
lame remark. The
Jerom
Then why did God plague us with the way
power to think Mr.Brady, why do you represent
lawyers
Lawre deny the one faculty of man that raises themselves in the
nce
him above the other creatures of the courtroom plays a
and
Earth, the power of his brain to reason? very
Rober
What other merit have we? The Elephant role. At this point
is larger, the Horse is swifter and the crowd seems
Edwin stronger, the Butterfly is far more to

Lee
important
be
slipping
beautiful, the Mosquito is more prolific, away from Brady

even the simple Sponge is more durable! and aligning itself
47
LAWYER
What does a Sponge think?
with Drummond
Brady:
I dont know, Im a Man not a Sponge!
(Court laughs)
118
Inheri
t
DRUMMOND: (Roaring, for the first
the time:
stretching
his
arms
towards
The attorney has pleasant
ACCUSED
got carried away portrayal of
Wind
CATES) this man wishes to be accorded with the case. He accused
by
the same privileges as a sponge. He empathises
Jerom
wishes to think.
with
the cause of his
client.
Lawre
nce
and
Rober
t
Edwin
119
Lee
Inheri
t
DRUMMOND: (Roaring, for the first
the time:
stretching
his
arms
towards
This excerpt also dramatics
LAWYER
throws some light
Wind
CATES) this man wishes to be accorded on the dramatics
by
the same privileges as a sponge. He employed
Jerom
wishes to think.
courtroom.
DRUMMOND strides to one of the
Various
in
e
Lawre
nce
and
Rober
t
Edwin
120
Lee
Inheri
t
the uncalled witnesses standing beside him
Wind
and takes from him a rock, about the size
48
lawyers
techniques
used
to
are melodramat
prove ic appeal
LAWYER
by
of a tennis ball.
ones point in the vivid
Jerom
courtroom.
description
of antics
Lawre
nce
and
Rober
t
Edwin
121
Lee
Inheri
t
DRUMMOND strides to one of the
the uncalled witnesses standing beside him
The
author vivid
LAWYER
vividly describes description
Wind
and takes from him a rock, about the size
every action in
by
of a tennis ball.
the
courtroom.
Jerom
This
makes
easier for a reader
Lawre
to imagine, very
nce
aptly, everything
and
that happens in
Rober
there.
it
t
Edwin
122
Lee
Inheri
t
BRADY: It is not an opinion. It is a literal Braddy
doesnt lawyers
the fact, which the good Bishop carried at realise that he is tactics
Wind
through careful computation of the ages being
mocked.
by
of the prophets as set down in the Old Drummond
Jerom
testament. In fact, he determined that the successfully
Lord began the creation on the 23rd of shown him and
has
Lawre October in the Year 4004 B.C. atuh, his believes to

nce
9a.m.!
be stupid.
and
DRUMMOND: The Eastern Standard
Rober
Time? (laughter) Or Rocky Mountain
time (More laughter) it wasnt daylight

49
LAWYER
Edwin saving time, was it? Because the Lord

123
Lee
Inheri
t
didnt make the Sun until the fourth day!

BRADY: It is not an opinion. It is a literal Drummond
the fact, which the good Bishop carried at brings
out
lawyers
LAWYER
the tactics,
Wind
through careful computation of the ages silliness
if taking
by
of the prophets as set down in the Old Bradys
shots
Jerom
testament. In fact, he determined that the argument.
opposing
Lord began the creation on the 23rd of
attorney
at
Lawre October in the Year 4004 B.C. atuh,

nce
9a.m.!
and
DRUMMOND: The Eastern Standard
Rober
Time? (laughter) Or Rocky Mountain
time (More laughter) it wasnt daylight
Edwin saving time, was it? Because the Lord

124
Lee
Inheri
t
didnt make the Sun until the fourth day!

DRUMMOND: Do you ever think about Drummond
has catching
the things you could think about. Isnt it found a way to the
Wind
possible that the first day was 24 hours make
by
long? There was no way to measure it, no founder.
Jerom
way to tell! Could it have been twenty-
five hours?
LAWYER
weak
him point
Lawre BRADY: (Hesitatesthen) it is

nce
possible
and
Rober
t
Edwin
125
Lee
Inheri
t
DRUMMOND: Do you ever think about Drummond
is taking
the things you could think about. Isnt it very well aware shots at the
Wind
possible that the first day was 24 hours that Brady has no opposite
by
long? There was no way to measure it, no answers for the lawyer
Jerom
way to tell! Could it have been twenty- questions that he
five hours?
asks. Hence he
50
LAWYER
Lawre BRADY: (Hesitatesthen) it is continues asking

nce
possible
them to make him
and
nervous.
Rober
t
Edwin
126
Lee
Inheri
t
JUDGE: (Shouting) I shall ask the bailiff The crowd was
the to clear the court, unless there is order excited
Wind
here.
by
AUDIENCE
the
course the trial
by
was
taking.
Jerom
Hence, the judge
ordered harmony
Lawre
is restored in the
nce
house.
and
Rober
t
Edwin
127
Lee
Inheri
t
JUDGE: (Shouting) I shall ask the bailiff The judge has the judges
the to clear the court, unless there is order responsibility
Wind
here.
JUDGE
to order
maintain order in
by
the court.
Jerom
e
Lawre
nce
and
Rober
t
Edwin
128
Lee
Inheri
DRUMMOND:
so
you,
Matthew Drummond
51
lawyers
LAWYER
the Harrison
Brady,
through
oratory, dextrously
tactics
Wind
legislation, or whatever, passes along revealed
by
Gods orders to the rest of the world! vulnerable side of
Jerom
Laughter begins! Gentlemen, meet the Brady. So now, he
Prophet from Nebraska!
is
Lawre BRADYS oratory is unassailable; but

nce
his vanityexposed by DRUMMONDS
and
proddingis only funny. The laughter is
Rober
painful to BRADY.
the
thrown
off-
track.
t
Edwin
129
Lee
Inheri
t
DRUMMOND:
the Harrison
so
Brady,
you,
through
Matthew Drummond
here ridiculing
LAWYER
oratory, is playing mind the opposite
Wind
legislation, or whatever, passes along games
with party
by
Gods orders to the rest of the world! Brady.
taking
Jerom
Laughter begins! Gentlemen, meet the
jibes
Prophet from Nebraska!
mockery
Lawre BRADYS oratory is unassailable; but

nce
his vanityexposed by DRUMMONDS
and
proddingis only funny. The laughter is
Rober
painful to BRADY.
t
Edwin
130
Lee
Inheri
t
DRUMMAND- The Gospel according to One
attorney mockery
the Brady. God Speaks to Brady and Brady mocks the other.
Wind
tells the world. Brady, Brady, Brady, This
by
Almighty!
Jerom
(DRUMMOND
crowd laughs).
tarnishes
bows
grandly.
The
nce
and
52
his
credibility in front
of others.
Lawre
certainly
LAWYER
Rober
t
Edwin
131
Lee
Inheri
t
DRUMMAND- The Gospel according to Brings into view audience
the Brady. God Speaks to Brady and Brady the
AUDIENCE
ruthlessness reaction
Wind
tells the world. Brady, Brady, Brady, of the audience.
by
Almighty!
Jerom
(DRUMMOND
crowd laughs).
More than justice,

bows
grandly.
The
they seem eager

for entertainment:
Lawre
even if it is at
nce
someone
and
expense.
elses
Rober
t
Edwin
132
Lee
Inheri
t
DRUMMAND- The Gospel according to Brings into view ruthlessnes
the Brady. God Speaks to Brady and Brady the
ruthlessness s
Wind
tells the world. Brady, Brady, Brady, of the audience. audience
by
Almighty!
Jerom
(DRUMMOND
crowd laughs).
AUDIENCE
of
More than justice,

bows
grandly.
The
they seem eager

for entertainment.
Lawre
Even if it is at the
nce
cost of others.
and
Rober
t
Edwin
133
Lee
Inheri
t
BRADY is now trembling so that it is
the impossible for him to speak. He rises,
Confidence is a lawyers
lawyers key to tactics
Wind
towering above his tormentorrather
success.
by
like a clumsy, lumbering bear that is
jeered
53
Being
by
the
LAWYER
Jerom
baited by an agile dog.)
crowd and hence
being thrown off
Lawre
track is certainly
nce
too
and
Brady
Rober
Hence he begins
to flounder.
much
for
to
bear.
Edwin
134
Lee
Inheri
t
BRADY: (reaching for a sympathetic ear, Shows that the audience
the trying to find the loyal audience which
attorney is utterly support
Wind
has slipped from him) My friendsYour hopeless.
by
HonorMy
Jerom
Gentlemen
FollowersLadies
AUDIENCE
and
e
Lawre
nce
and
Rober
t
Edwin
135
Lee
Inheri
t
BRADY: (reaching for a sympathetic ear, He
the trying to find the loyal audience which
has slipped from him) My friendsYour implies
by
HonorMy
Jerom
Gentlemen
his reaction
and diffidence
very
evidently which is
improper
Lawre
good lawyer.
nce
and
Rober
t
Edwin
54
losing ATTORNEY
stammering. This attorneys
Wind
FollowersLadies
starts a
of
136
Lee
Inheri
t
DAVENPORT: I protest! This is not only The charge that rebuttals
the irrelevant, immaterialit is illegal!

is
excited
reaction
in
the
the
LAWYER
defending arguments
Wind
(There
attorney is being
by
courtroom. The judge pounds for order, accused
Jerom
but the emotional tension will not
serious.
survive)
accusations make
of
is
Such
Lawre
the
courtroom
nce
scenes more and
and
more intriguing.
Rober
t
Edwin
137
Lee
Inheri
t
DAVENPORT: I protest! This is not only The audience is audience

is
excited
reaction
in
active
Wind
(There
the
by
courtroom. The judge pounds for order, hungry
Jerom
survive)
AUDIENCE
and reaction
grasping.
It
is excitement
for
excitement.
Lawre
nce
and
Rober
t
Edwin
138
Lee
Inheri
t
DAVENPORT: I protest! This is not only The judge tries to judges

is
excited
reaction
in
maintain order. It order
Wind
(There
the
by
courtroom. The judge pounds for order, task.
Jerom
survive)
Lawre
55
is
his
primary
JUDGE
nce
and
Rober
t
Edwin
139
Lee
Alice
The King and Queen of Hearts were This describes the court
seated on their throne when they arrived, setting of a trial room
Adve
with a great crowd assembled about scene
ntures
them--all sorts of little birds and beasts, imaginary
in
as well as the whole pack of cards: the wonderland. A
Wond
Knave was standing before them, in lot of similarities
erland
chains, with a soldier on each side to can be seen in the
by
guard him; and near the King was the setting
Lewis
White Rabbit, with a trumpet in one the fictional and
Carrol hand, and a scroll of parchment in the the

l
in
COURTROOM
the decorum
between
imaginary
other. In the very middle of the court was world.

a table, with a large dish of tarts upon it:
they looked so good, that it made Alice
quite hungry to look at them--Ì wish
they'd get the trial done,' she thought,
ànd hand round the refreshments!' But
there seemed to be no chance of this, so
she began looking at everything about
140
Alice
her, to pass away the time.

The King and Queen of Hearts were An
seated on their throne when they arrived, from the normal of
Adve
with a great crowd assembled about courtroom scene courtrooms
ntures
them--all sorts of little birds and beasts, would
in
as well as the whole pack of cards: the availability
Wond
Knave was standing before them, in refreshments.
erland
chains, with a soldier on each side to
by
guard him; and near the King was the
Lewis
White Rabbit, with a trumpet in one

56
aberration description
be
the
the arrangemen
of ts
COURTROOM
Carrol hand, and a scroll of parchment in the

l
other. In the very middle of the court was

a table, with a large dish of tarts upon it:
they looked so good, that it made Alice
quite hungry to look at them--Ì wish
they'd get the trial done,' she thought,
ànd hand round the refreshments!' But
there seemed to be no chance of this, so
she began looking at everything about
141
Alice
her, to pass away the time.

Alice had never been in a court of justice For Alice too this court room COURTROOM
before, but she had read about them in is the first time dcor
Adve
books, and she was quite pleased to find that
ntures
that she knew the name of nearly witnessing a real
in
everything there. `That's the judge,' she trial. Hence she is
Wond
said to herself, `because of his great wig.'
erland
The judge, by the way, was the King; and see
by
as he wore his crown over the wig, (look similarities
Lewis
at the frontispiece if you want to see how between what she
she
is
very pleased to
the
Carrol he did it,) he did not look at all has read and what
l
comfortable, and it was certainly not she

becoming.
witnessing
was
in
Ànd that's the jury-box,' thought Alice, person then. She

ànd those twelve creatures,' (she was correctly
obliged to say `creatures,' you see, identifies the king
because some of them were animals, and as being the judge
some were birds,) Ì suppose they are the and the seven odd
jurors.' She said this last word two or creatures as being
three times over to herself, being rather the jurymen.
proud of it: for she thought, and rightly
too, that very few little girls of her age
knew the meaning of it at all. However,
`jury-men' would have done just as well.
57
142
Alice
Alice had never been in a court of justice A very important audiences
before, but she had read about them in point is made by familiarity
Adve
books, and she was quite pleased to find this excerpt. The with
ntures
that she knew the name of nearly protagonist
in
everything there. `That's the judge,' she is attending a trial
Wond
said to herself, `because of his great wig.'
erland
The judge, by the way, was the King; and However, she did
by
as he wore his crown over the wig, (look have a vague yet
Lewis
at the frontispiece if you want to see how correct idea about
COURTROOM
the
here court room
for the first time.
Carrol he did it,) he did not look at all courtrooms. This

l
comfortable, and it was certainly not is true for almost

becoming.
all people.
Ànd that's the jury-box,' thought Alice,

ànd those twelve creatures,' (she was
obliged to say `creatures,' you see,
because some of them were animals, and
some were birds,) Ì suppose they are the
jurors.' She said this last word two or
three times over to herself, being rather
proud of it: for she thought, and rightly
too, that very few little girls of her age
knew the meaning of it at all. However,
`jury-men' would have done just as well.
143
Alice
`Stupid things!' Alice began in a loud, Silence and order judges
indignant voice, but she stopped hastily, here too remain order
Adve
for the White Rabbit cried out, `Silence integral
ntures
in the court!' and the King put on his maintaining
in
spectacles and looked anxiously round, to decorum of the
Wond
make out who was talking.
court.
erland
by
Lewis
Carrol
58
to
the
JUDGE
144
l
Alice
`Stupid things!' Alice began in a loud, Reveals
indignant voice, but she stopped hastily, participation
Adve
for the White Rabbit cried out, `Silence audience.
participatio
ntures
in the court!' and the King put on his
in
spectacles and looked anxiously round, to
Wond
make out who was talking.
active audience
AUDIENCE
of reaction and
erland
by
Lewis
Carrol
145
l
Alice
Herald, read the accusation!' said the This shows how mannerism
King.
Adve
On this the White Rabbit blew three The king orders room
ntures
blasts on the trumpet, and then unrolled the White Rabbit
in
the parchment scroll, and read as to read out the
Wond
follows:--
erland
by
the trial begins. of the court
accusation and he
`The Queen of Hearts, she made some does so in a regal

tarts,
and fit manner.
Lewis
All on a summer day:
Carrol
l
COURTROOM
The Knave of Hearts, he stole those

tarts,
And took them quite away!'
146
Alice
Herald, read the accusation!' said the Theres
King.
Adve
On this the White Rabbit blew three great
deal
ntures
blasts on the trumpet, and then unrolled drama
in
in
the parchment scroll, and read as scene. Not only
Wond
follows:--
erland
by
Lewis
courtroom
involvement of a manners
of
this
are there blasts
`The Queen of Hearts, she made some of trumpet but

tarts,
also
All on a summer day:
the
accusation is read
59
COURTROOM
Carrol
l
The Knave of Hearts, he stole those out in a sing-song

tarts,
manner.
And took them quite away!'
147
mannerisms
Such
are
Alice
obsolete now.
`Call the first witness,' said the King; and Here
too witness
the White Rabbit blew three blasts on the witnesses
Adve
trumpet, and called out, `First witness!'
WITNESS
are examination
being called out
ntures
to establish the
in
guilt.
Wond
erland
by
Lewis
Carrol
148
l
Alice
`Call the first witness,' said the King; and Presently, calling witness
the White Rabbit blew three blasts on the of witnesses is a examination
Adve
trumpet, and called out, `First witness!'
WITNESS
simple procedure.
ntures
Theres
no
in
involvement
of
Wond
drama like blasts
erland
of trumpets.
by
Lewis
Carrol
149
l
Alice
The first witness was the Hatter. He came As the judge is judge
in with a teacup in one hand and a piece the king himself, sycophancy
Adve
of bread-and-butter in the other. Ì beg he is referred to
ntures
pardon, your Majesty,' he began, `for as
in
bringing these in: but I hadn't quite Majesty, instead
Wond
finished my tea when I was sent for.'
Your
of Your Honor.
erland
by
60
JUDGE
Lewis
Carrol
150
l
Alice
The first witness was the Hatter. He came In
in with a teacup in one hand and a piece scenario,
Adve
of bread-and-butter in the other. Ì beg witness
ntures
pardon, your Majesty,' he began, `for have been held
in
bringing these in: but I hadn't quite for contempt of
Wond
finished my tea when I was sent for.'
present
day courtroom
COURTROOM
the decorum
would
court.
erland
by
Lewis
Carrol
151
l
Alice
Here one of the guinea-pigs cheered, and This was done to courtroom
was immediately suppressed by the maintain order in decorum
Adve
officers of the court. (As that is rather a the court.
ntures
hard word, I will just explain to you how
in
it was done. They had a large canvas bag,
Wond
which tied up at the mouth with strings:
erland
into this they slipped the guinea-pig, head
by
first, and then sat upon it.)
COURTROOM
Lewis
Carrol
152
l
Alice
Here one of the guinea-pigs cheered, and Such
was immediately suppressed by the measures
Adve
officers of the court. (As that is rather a unnecessary
ntures
hard word, I will just explain to you how conventional
in
it was done. They had a large canvas bag, courts. A judges
Wond
which tied up at the mouth with strings: word is sufficient
erland
into this they slipped the guinea-pig, head to establish order.
by
first, and then sat upon it.)
Lewis
61
harsh judges
are order
in
JUDGE
Carrol
153
l
Alice
Ì'm glad I've seen that done,' thought Alice, here, draws audiences
Alice. Ì've so often read in the a funny analogy familiarity
Adve
newspapers, at the end of trials, "There between
ntures
were some attempts at applause, which order
in
was immediately suppressed by the maintained in the
Wond
officers of the court," and I never real courts and in
erland
understood what it meant till now.'
this
by
AUDIENCE
how
is
court
of
wonderland.
Lewis
Carrol
154
l
Alice
Ì'm glad I've seen that done,' thought Displays
Alice. Ì've so often read in the innocence of the the court
Adve
newspapers, at the end of trials, "There audience,
ntures
were some attempts at applause, which
in
was immediately suppressed by the
Wond
officers of the court," and I never
erland
understood what it meant till now.'
order
in JUDGE
by
Lewis
Carrol
155
l
Alice
The King looked anxiously at the White There
Rabbit, who said in a low voice, `Your engagement
Adve
Majesty
ntures
examine this witness.'
must
is
cross- lawyers
in
no witness
of examination
this
court. Hence, the
in
king must himself
Wond
cross examine the
erland
witnesses.
by
Lewis
Carrol
62
WITNESS
156
l
Alice
The King looked anxiously at the White The king, who is judges
Rabbit, who said in a low voice, `Your the judge as well, role
Adve
Majesty
ntures
examine this witness.'
must
JUDGE
cross- is reminded of his

duties
by
in
subordinate.
Wond
Reveals
erland
corruption
by
Lewis
Carrol
157
l
Alice
`Well, if I must, I must,' the King said, The king here is courtroom
with a melancholy air, and, after folding cross
Adve
his arms and frowning at the cook till his the
ntures
eyes were nearly out of sight, he said in a inadvertently the
in
deep voice, `What are tarts made of?'
sleepy
door
Wond
`Pepper, mostly,' said the cook.
mouse
answers.
erland
`Treacle,' said a sleepy voice behind her.
This
by
`Collar
Lewis
shrieked out. `Behead that Dormouse! rules.
that
Dormouse,'
the
COURTROOM
examining mannerism
cook.
being
But
Queen breach of court
Carrol Turn that Dormouse out of court!

l
Suppress him! Pinch him! Off with his

whiskers!'
158
Alice
`Well, if I must, I must,' the King said, Contempt of court witness
with a melancholy air, and, after folding was
Adve
his arms and frowning at the cook till his crime even in this
ntures
eyes were nearly out of sight, he said in a court
in
Wond
erland
by
`Collar
Lewis
shrieked out. `Behead that Dormouse!
that
Dormouse,'
the
Queen
63
heinous examination
wonderland.
of
WITNESS
Carrol Turn that Dormouse out of court!

l
Suppress him! Pinch him! Off with his

whiskers!'
159
Alice
`Well, if I must, I must,' the King said, The
with a melancholy air, and, after folding highly
Adve
his arms and frowning at the cook till his for
ntures
eyes were nearly out of sight, he said in a court rules. Here
in
too contempt of
Wond
court
erland
condemned
by
`Collar
Lewis
shrieked out. `Behead that Dormouse! pronounces him a
that
Dormouse,'
the
queen
is contempt
COURTROOM
annoyed of court
breaching
is
Queen crime. Hence she
Carrol Turn that Dormouse out of court! severe

l
Suppress him! Pinch him! Off with his punishment.

whiskers!'
160
Alice
For some minutes the whole court was in The
court audience
confusion, getting the Dormouse turned proceedings
Adve
out, and, by the time they had settled proceed
ntures
down again, the cook had disappeared.
AUDIENCE
response
only
when order has
in
been
firmly
Wond
established.
erland
by
Lewis
Carrol
161
l
Lucky For some minutes the whole court was in Shows a lack of need
by
confusion, getting the Dormouse turned coordination
Alice
out, and, by the time they had settled the
Sebol
down again, the cook had disappeared.
d
162
in establish
court order
proceedings. It is
a
very
clumsy
trial.
Lucky I felt if I was going to win, I had to hate It is only normal victims
64
to COURTROOM
VICTIM
by
the attorneys representing him. They may that
opposing take on a
Alice
have been earning a pay check, or parties also take case
Sebol
randomly assigned to the case, had the
children they loved or a terminally ill attorneys as their
opponents
mother to take care of. I didn't care. They enemies,

were there to destroy me. I was there to they
fight back.
though
might
heart know that

its
163
at
purely
professional.
Lucky I felt if I was going to win, I had to hate Its improper to victims
by
the attorneys representing him. They may curse
or
Alice
have been earning a pay check, or grudges
Sebol
randomly assigned to the case, had your
children they loved or a terminally ill attorney. They too
VICTIM
hold view
against
opponents
mother to take care of. I didn't care. They have a family to

were there to destroy me. I was there to look
fight back.
after
and
whatever
conspires during
the trial is not
their attempt to
malign you but an
innocent attempt
to
164
Alice
Sebol
d
their
clients face.
While
Lucky
by
save
"Miss Sebold, you said you were at 321

Westcott Street on the night of the
incident?"
lawyers
questioning
the tactics
victim
the
LAWYER
attorney uses a
condemning tone
"Umm-hmm."
so as to affect her
165
The tone of his voice was condemning,
psychologically.
as if I had been a bad little girl and told a
Its a tactic to get
lie.
desired answers.
The attorney was confusing
Lucky
"Miss Sebold, you said you were at 321
65
WITNESS
by
Alice
Sebol
d
already aware of the witness

Westcott Street on the night of the
incident?"
the answer. Yet he

asked hoping that
the witness might
"Umm-hmm."
get confused with
166
The tone of his voice was condemning,
the facts and give
as if I had been a bad little girl and told a
an
answer
that
lie.
can
be
used
against her.
Lucky "How long had you been there on this The
attorneys confusing
by
evening?"
attempt many a the witness
Alice
"From approximately eight to midnight."
times is merely to
Sebol
"Did you have anything to drink while confuse
there?"
witness with a lot
"I had nothing at all to drink."
of
WITNESS
the
random
"Did you have anything to smoke while questions hoping

you were there?"
that they would
"Nothing at all to smoke."
founder at some
"Did you have any cigarettes?"
point.
"No."
"You didn't smoke that evening?"
"No."
"You had nothing to drink that evening?"
"No."
That tack not having worked, he moved
on to his next.
167
Lucky "How long had you been there on this However,
here, victim
by
evening?"
the
Alice
"From approximately eight to midnight."
determined
Sebol
"Did you have anything to drink while this tack fails.
there?"
"I had nothing at all to drink."
"Did you have anything to smoke while
66
witness
is determinati
and on
VICTIM
you were there?"

"Nothing at all to smoke."
"Did you have any cigarettes?"
"No."
"You didn't smoke that evening?"
"No."
"You had nothing to drink that evening?"
"No."
That tack not having worked, he moved
on to his next.
168
Lucky
by
Alice
Sebol
d
The witness here, playing

I didn't know what he was doing. It
made sense to me that he might ask if
my
license
required
me
to
wear
corrective lenses. But he didn't. Was I a

better or worse person with a license?
Was I firmly an adult and not a child,
making it less a crime to rape me? I
never figured out his reasoning.
169
by
Alice
Sebol
d
I didn't know what he was doing. It

made sense to me that he might ask if
my
license
required
me
to
who is the victim with

as
well,
perplexed
is victims
when minds
she thinks about lawyers

the relativity of tactics
the
questions
asked to the case

at hand.
Lawyers tend to victims
Lucky
wear
corrective lenses. But he didn't. Was I a

better or worse person with a license?
Was I firmly an adult and not a child,
making it less a crime to rape me? I
never figured out his reasoning.
VICTIM
VICTIM
be judgemental of viewpoint
their
witnesses
during the trial.

Here the witness
wonders what sort
of image would
this present set of
seemingly
irrelevant
questions
170
create
of this person.
Lucky He jumped on this: "New prescription or The attorney felt lawyers
by
just new design of frame?"
that he had come reaction
67
LAWYER
171
Alice
across
some
Sebol
valuable evidence
against
the
victim.
Lucky He jumped on this: "New prescription or He
by
just new design of frame?"
jumps lawyers
LAWYER
because he feels reaction
Alice
that
he
Sebol
stumbled
some vital piece

of
has
across
evidence.
Lawyers
always
are on a lookout
172
for such scopes.

Lucky Could he know that he was making his The witness here lawyers
by
point and losing it simultaneously? That is determined not tactics
Alice
my prescription had been updated six to fall into the
Sebol
months before the rape. I didn't know lawyers
trap.
what he was doing but I was going to Hence
the
follow him at every turn. He wanted to lawyers
LAWYER
ploy
back me into a maze I couldn't get out of. fails miserably.

I was determined. I felt I had what
Gallagher had-mettle. I could feel it in
173
my veins.
Lucky Could he know that he was making his The
witness victims
by
point and losing it simultaneously? That mocks
Alice
my prescription had been updated six lawyers
Sebol
months before the rape. I didn't know procedure in her
what he was doing but I was going to mind.
VICTIM
the determinati
on
follow him at every turn. He wanted to

back me into a maze I couldn't get out of.
174
my veins.
Lucky His tone, since questioning my vision, When all tactics lawyers
by
had changed. There was now not even a of

68
the
lawyer tactics
LAWYER
Alice
trace of respect in it. Seeing that he had failed
Sebol
not yet gotten the best of me, he had psychologically
switched into a sort of hateful overdrive. attempts to affect

I felt threatened by him. Even though, by the
he
witness
by
all measures, I was safe in that courtroom scaring her by his

and surrounded by professionals, I was menacing
175
afraid.
attitude.
Lucky Could he know that he was making his Portrays
revictimisa
by
point and losing it simultaneously? That ruthlessness o the tion
Alice
my prescription had been updated six lawyer and lack victim
Sebol
months before the rape. I didn't know of respect for the
what he was doing but I was going to victim.
VICTIM
of
follow him at every turn. He wanted to

back me into a maze I couldn't get out of.
176
my veins.
Lucky "Are you saying you were influenced by The
by
what the police officer told you?"
lawyer
is lawyers
LAWYER
trying to put in tactics
Alice
every way he can
Sebol
to
client.
defend
his
This
involves shifting
blame to even a
177
third party.
Lucky "Are you saying you were influenced by The lawyer
by
178
what the police officer told you?"
making
is client
random consideratio
Alice
deduction
Sebol
whatever
from n
the
d
witness is saying.
Lucky "Can you tell me briefly what you were Both attorneys are lawyers
by
wearing on the night of October fifth?"
Alice
Mr. Ryan stood and corrected the date. vigilant. After all while
Sebol
"May eighth."
"On
May
extremely
even
eighth,"
Mr.
Meggesto misstated
69
ACCUSED/ VICTIM
chemistry
fact arguing
can
LAWYER
rephrased, "tell me what you were change the course

wearing."
of the trial. Hence

the
179
correction
demanded.
Lucky "Can you tell me briefly what you were Both attorneys are determinat
by
wearing on the night of October fifth?"
Alice
Mr. Ryan stood and corrected the date. saving
Sebol
"May eighth."
"On
May
hell
bent
LAWYER/VICTIM/
on ion to save
their client
respective clients.
eighth,"
Mr.
Meggesto
rephrased, "tell me what you were

180
181
182
wearing."
Lucky The judge's last words recorded in the The judge is the courtroom
by
transcript are "Come on." Even now I God
in
Alice
hear the fatigue in them. His major courtroom.
Sebol
motivation, I feel certain, was to wrap it this God fatigues
up and get to lunch.
and
the mannerism
But
hence
demands a break.
Lucky The judge's last words recorded in the Reveals
social
by
transcript are "Come on." Even now I insensitivity
Alice
hear the fatigue in them. His major that age to a rape social
Sebol
motivation, I feel certain, was to wrap it victims cause.
conditions
up and get to lunch.
reflected in
The
courtroom
A clerk of the court announced that Their This shows the courtroom
in
Albert buzzing overhead. Three judges, two in traditional

Camu
black and the third in scarlet, with brief ceremonial
cases under their arms, entered and manner.

walked briskly to the bench which was
several feet above the level of the
courtroom floor. The man in scarlet took
the central, high-backed chair, placed his
cap of office on the table, ran a
handkerchief over his small bald crown,
70
SOCIETY
at stigma
Strang Honors were entering, and at the same beginning of the mannersims
er by moment two big electric fans started trial
COURTROOM
the
COURTROOM
and announced that the hearing would

now begin.
A clerk of the court announced that Their It also explains courtroom
183
COURTROOM
Honors were entering, and at the same the setting of the decorum
moment two big electric fans started court room.
buzzing overhead. Three judges, two in
black and the third in scarlet, with brief
cases under their arms, entered and
walked briskly to the bench which was
several feet above the level of the
courtroom floor. The man in scarlet took
the central, high-backed chair, placed his
cap of office on the table, ran a
handkerchief over his small bald crown,
and announced that the hearing would
184
The
now begin.
He said that the trial proper was about to The
Strang begin, and he need hardly say that he of
importance order
in JUDGE,
maintaining the
COURTROOM
er by expected the public to refrain from any order in the court courtroom
Albert demonstration whatsoever. He explained is reemphasised.
Camu
that he was there to supervise the
proceedings, as a sort of umpire, and he

would take a scrupulously impartial view
of the case. The verdict of the jury would
be interpreted by him in a spirit of
justice. Finally, at the least sign of a
disturbance he would have the court
185
cleared.
He said that the trial proper was about to This
paragraph judges
begin, and he need hardly say that he reminds that the roles
expected the public to refrain from any primary role of
demonstration whatsoever. He explained the judge is to
that he was there to supervise the impartially listen
proceedings, as a sort of umpire, and he to the case and
71
JUDGE
would take a scrupulously impartial view then
administer
of the case. The verdict of the jury would justice.

be interpreted by him in a spirit of
justice. Finally, at the least sign of a
disturbance he would have the court
186
The
cleared.
My examination began at once. The The trial is being fairness of JUDGE
Strang Judge questioned me quite calmly and performed strictly trial

er by even, I thought, with a hint of cordiality. in
accordance
Albert For the nth time I was asked to give with laid down
Camu
particulars of
procedures.
my identity and, though heartily sick of

this formality, I realized that it was
natural enough; after all, it would be a
shocking thing for the court to be trying
the wrong man.
My examination began at once. The There
187
are
Judge questioned me quite calmly and number
a courtroom
COURTROOOM
of procedures
even, I thought, with a hint of cordiality. procedures which

For the nth time I was asked to give might
particulars of
seem
cumbersome and
my identity and, though heartily sick of unnecessary. But

this formality, I realized that it was these
are
natural enough; after all, it would be a important
to
shocking thing for the court to be trying prevent even the

the wrong man.
slightest
chance
of a mistake as
the repercussions
of any mistake
will
188
The
be
life
changing.
The Prosecutor was then asked if he had The
accused, accused
Strang any questions to put, and he answered
whether
proven stereotyped
er by loudly: Certainly not! I have all I want. guilty or not has a
72
ACCUSED
Albert His tone and the look of triumph on his lot
of
mental
Camu
face, as he glanced at me, were so pressure
to
marked that I felt as I hadnt felt for ages. handle, the worst
I had a foolish desire to burst into tears. being that every
For the first time Id realized how all soul
these people loathed me.
in
vicinity
his
loathes
him.
The Prosecutor was then asked if he had The accused here accused
189
any questions to put, and he answered
feels
abysmally point
loudly: Certainly not! I have all I want. hopeless.
ACCUSED
of
view
His tone and the look of triumph on his

face, as he glanced at me, were so
marked that I felt as I hadnt felt for ages.
I had a foolish desire to burst into tears.
For the first time Id realized how all
190
The
these people loathed me.

I didnt say anything, or make any Bonds are made accused
Strang movement, but for the first time in my and can be broken point
er by life I wanted to kiss a man.
within the walls view
Albert
of a courtroom.
Camu
Here the evidence
given in favour of
ACCUSED
of
him by a person
develops
an
instant feeling of
love for this man
in his heart.
I didnt say anything, or make any The accused is accuseds
191
192
The
movement, but for the first time in my overwhelmed
happiness
life I wanted to kiss a man.
on
with happiness.
being
acquitted
Raymond was the next, and last, witness. It is of utmost courtroom
Strang He gave me a little wave of his hand and importance
that mannersims
er by led off by saying I was innocent. The rules are followed

Albert Judge rebuked him.
during the trial. judges

73
ACCUSED
COURTROOM
Camu
You are here to give evidence, not your Here the judge powers
views on the case, and you must confine performs his duty
yourself to answering the questions put by
you.
193
rebuking
witness
for
breaking
the
norms.
Raymond was the next, and last, witness. Cases are to be courtroom
He gave me a little wave of his hand and solved
on
the procedure
led off by saying I was innocent. The basis of witnesses

Judge rebuked him.
and not based on
You are here to give evidence, not your opinions

views on the case, and you must confine people.
yourself to answering the questions put
you.
74
of
COURTROOM
ANALYSIS
60
50
40
30
20
10
Figure 1 Analysis of Data Collected
RESULT
In decreasing order of emphasis laid :

Lawyers > Judges > Audience > Courtroom > Witness > Society > Victim > Accused.
75
DISCUSSION
As evident from the bar graph above one can easily conclude that lawyers are the ones
who undoubtedly steal the limelight in legal fiction. Their tactics, how they place their
arguments, their re-buttals and sur-rebuttals, their trick in questioning the witnesses,
their acumen in play to sway the case in their favour, their determination to save their
clients face no-matter-what and most importantly their subtle sycophancy towards the
judge as well as the audience.

Next come the judges. Be it Your Majesty or Your Honor, they certainly are the
bosses of house- the chains are in their hands. Besides deciding upon the matter at
hand the judges have an added responsibility of maintaining the decorum (ORDER!
ORDER!) of the courtroom. At times they are also seen to be questioning the
witnesses. But the most entertaining part is to see hoe lawyers turn into sycophants to
win their case, a lot of bootlicking is an inevitable part of every trial, at least as
portrayed in literature.
A considerable share of attention is also taken by the audience. Every piece of
literature on trial scenes devotes a little to explain the nuances and reactions of the
audience to every high and low point of any case. In fact every development in the
case acts as a stimulus, and a never disappointing audience gives an apt reaction to
each. However, the audience is at times portrayed as being ruthless and sadistic: it
takes pleasure in the pain of others. All that it wants is an exciting case that satiates its
need for entertainment, no matter what the judgement is and its ramifications. Also
unlike the judge, the audience is not fair, it tends to be biased.

Courtroom scenes involve a description of courtroom as well. This included=s
everything, starting from who sits where, to how the proceedings are carried, the need
to maintain silence and abide by the rules and so on.

Witness examination, undoubtedly, one of the most enrapturing parts of any trial
scene. It is enjoyable to see hoe tactfully the crafty lawyers chose their questions. The
witnesses also need to b very careful, especially if they are intentionally lying; cause
lawyers are experts at finding (or at times creating ) loopholes that might help them.
76
Lawyers of both sides are extremely vigilant when examination take splace to catch
any piece of vital evidence.

Another glaring truth depicted in a lot of legally inspired literature is, unfortunately,
societys tendency to infiltrate into the walls of the courtroom and influence the
judgement; be it the social prejudice against blacks in the US, against rape victims
almost everywhere or the earlier preference to religion over science.
Hence, reading such literature gives a glimpse of the notion of society existing at the
time.
Victims description is also at times poignantly described. Focus mainly lies on how
he/she feels about the trial, the trauma of having to live every tormenting moment
again upon being questioned, their feeling of dislike towards the opposing attorney,
and their expectations from the legal system.

Most writers also vividly capture the reaction of the accused throughout the trial; how
his/her face lightens up when victory is likely, or the deadpan face upon being
pronounced
guilty.
This at times also arouses readers sympathy.
77
CONCLUSION
Literature and Law are two intertwined entities. Literature very often ventures into legal
boundaries, especially if it is a fiction.
The obvious reason is that fictional characters are often getting divorced and committing
murders, all the while suffering from a chronic case of bad luck just the sort one would
expect to be regularly hauled before a judge. But the underlying reason is that authors are in
the same line of work as jurors. The task of both begins with calling someone to account for
his or her deeds. (Review, Law Lit: From Atticus Finch to The Practice: A Collection of
Great Writing About the Law)
However the distinctions between a real and fictitious trial scene are quite obvious, especially
for a law student. The best orations from defence lawyers always manage to convince us,
the readers, but never the juries.
This is because the aim of a book and a court are different. While the latter is determined
on ensuring dispensation of justice ( or so we presume ), the sole motto of an author is to
earn more readers. Hence their focus is more on making their protagonists suffer, their
judges being ruthless, and of coure, the attorneys being so impeccably awesome that the
readers would secretly wish to be real; for, justice delivered in a book would be just too
main stream.
This is evident from the discussion above that shows that lawyers undoubtedly steal the
show in any legal fiction, and accused, witnesses and victims are the ones who hardly
even matter.
Also, emotions matter more to the author than evidence.
Hence it may be concluded, law in literature will always be a world apart from that on
real life.
78
REFERENCES
Kieran Dolin, A Critical Introduction to Law and Literature.

http://www.cambridge.org/gb/knowledge/isbn/item1169172/?site_locale=en_GB
Retrieved on 1-03-2013.
Michael Freeman and Andrew Lewis, Law and Literature, Current Legal Issues
Volume 2. http://ukcatalogue.oup.com/product/9780198298137.do#.UTCvcjBvB8g
Retrieved on 26-1-2013
Thane Rosenbum, Law Lit: From Atticus Finch to 'The Practice': A Collection of
Great Writing About the Law.
Law Lit: From Atticus Finch to The Practice: A Collection of Great Writing About the
Law
Edited by Thane Rosenbaum, The New Press, 2007,Review By Ronald Goldfarb.
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Professional Communication Skills for Lawyers

National Law University, Delhi

like to use my remaining time with you to dramatic prologue start

remind you that the case of Mayella to

Ewell vs. Tom Robinson is not a difficult speech,

one. It requires no minute sifting of protagonist here,

complicated facts, but it does require you who is also the

to be sure beyond all reasonable doubt as defending

to the guilt of the defendant. To begin attorney, tends to

like to use my remaining time with you to tries to convince audience

remind you that the case of Mayella the audience to

Ewell vs. Tom Robinson is not a difficult accept

one. It requires no minute sifting of from his point of

complicated facts, but it does require you view. Though he

to be sure beyond all reasonable doubt as knows his case is

to the guilt of the defendant. To begin a difficult one, he

trial. This case is as simple as black and convincing them

crime Tom Robinson is charged with ever biased

upon the testimony of two witnesses defendant. This is

whose evidence has not only been called analogous to the

into serious question, but has been flatly present

contradicted by the defendant.

where the State

Kill a medical evidence that shows that the not

upon the testimony of two witnesses He substantiates it

whose evidence has not only been called with

into serious question, but has been flatly reason

contradicted by the defendant.

confidence that their testimony would not to

be doubted. They were confident that which

you, the jury, would go along with the consonant

evil assumption that all Negro's lie, and the

are immoral. Mr. Robinson is accused of mindset.

Kill a and conduct on the stand. They have an unfair one.

confidence that their testimony would not

be doubted. They were confident that

you, the jury, would go along with the

evil assumption that all Negro's lie, and

rape, when it was she who made the

and the jury is only as sound as the men protagonist

I am confident that you gentlemen will jurys vanity. He

review without passion the evidence you reposes his trust

have heard, come to a decision, and in them as being

restore the defendant to his family. In the fair

name of God, do your duty. In the name competent

Tom enough to see his

point and hence

I am confident that you gentlemen will jury and the trial

review without passion the evidence you is going to be an

have heard, come to a decision, and unfair

restore the defendant to his family. In the Hence,

name of God, do your duty. In the name cannot

up. facing a biased

Tom reproach them he

own movement, the house half arose, as was

dy of if expecting to see the murderer appear at portrays

the door, and a breeze of muttered audiences

ejaculations swept the place.

very crucial stage

of the trial which

own movement, the house half arose, as indispensable part reaction

dy of if expecting to see the murderer appear at of ay courtroom

the door, and a breeze of muttered drama.