subscribe to this page“Race and the Death Penalty.” American Civil Liberties Union. 26 Feb. 2003. 31 Mar. 2006. <http://www.aclu.org/capital/unequal/10389pub20030226.html>
This article reviews information regarding racial prejudice in today’s court system. Racism is not a thing of the past and of small towns in the South; in fact, Pennsylvania and Colorado are the states with the highest proportion of minorities on death row. The article indicates that the color of the defendant directly relates to the likelihood that the prosecution will seek capital punishment. Also, the race of the victim is quite important. If the victim is white, then the death penalty has a much greater chance of being used, while if the victim is black, the chances are far lower. Again, the race of the defendant is also important, with white defendants receiving generally easier punishments than black defendants.
Statistics are provided on various specific states, including Maryland, North Carolina, Pennsylvania, and Texas. All these states exemplify the statistics indicating that blacks are at a disadvantage compared to whites.
The article also discusses the role of the lawyers in the discrimination process. In the case of a black defendant, the prosecution will always strike as many black jurors as possible in order to make the jury more likely to vote on behalf of the victim.
Attorney General John Ashcroft has overturned numerous cases in order to seek the death penalty, and under an overwhelming majority of these cases, the suspect was black. He has ordered studies to be conducted, and has not found any racial prejudice to exist in the current system. The statistics appear to indicate otherwise; racial prejudice was not only a problem in Macomb, Alabama, but certainly still exists to the disadvantage of African-Americans across the nation today.
Holcomb, Mark. “To Kill a Mockingbird.” Film Quarterly, Vol. 55, No. 4. (Summer, 2002), pp. 34-40. 31 Mar. 2006. <http://links.jstor.org/sici?sici=0015-1386%28200222%2955%3A4%3C34%3ATKAM%3E2.0.CO%3B2-G>
The author of this article believes that the film adaptation of To Kill a Mockingbird has had a more resonant impact than has the written work. One of the best films of all time, To Kill a Mockingbird possesses the very strong character of Atticus Finch, about whom numerous law school courses are based. The author then discusses the strong mood and atmosphere portrayed in the film, which seems even more personal than the book at times. The author feels the real strength does lie in the film’s exploration of societal themes and racism.
However, he feels that the film does little to change any actual race problems, and characters seem to follow class distinctions only when necessary at times. He indicates other deficiencies as well. The movie does not answer many questions, such as what becomes of the fatherless Ewell children, no longer with any support. The film also does little to explore racism, considering the black community has little to no voice outside of Tom Robinson and the maid, and even they exist in isolation. The black characters are one dimensional stereotypes, doing little to resolve the problem of race. Moreover, though film viewers act as a jury during the trial scenes, their judgment matters little considering the outcome has been predetermined. While the author does believe the film to be well made, it is far too simple to provide a true education in morals and make any significant change in society.
Atkinson, Rob. “Comment on Steven Lubet, ‘Reconstructing Atticus Finch.’” Michigan Law Review, Vol. 97, No. 6, 1999 Survey of Books Related to the Law. (May, 1999), pp. 1370-1372. <http://links.jstor.org/sici?sici=0026-2234%28199905%2997%3A6%3C1370%3ACOSL%22A%3E2.0.CO%3B2-U>
Like many others, this author discusses the piece by Professor Lubet and its validity. He says that Lubet goes beyond the previous claims by critics to question the very truth of Tom Robinson and Atticus’s advocacy. This author argues that while biased and imperfect narrators are a standard in fictional works, there is no reason to believe that anything revealed from Scout’s perspective is anything but true. Only one account exists, and that is Scout’s. He argues that reading the film any differently, looking at other character’s perspectives, and fitting the story to our own desires simply rewrites the original work and its intent. The book from which the film was adapted acted as a love letter from Harper Lee to her father, and her intent was to portray her father, played by Atticus, as a man of virtue and strength. Why then would there be any question regarding this stance? The character obviously was meant to be a paragon for the law profession. Viewers are not only anxious for Tom’s acquittal, but also that Atticus is doing the vindication. Harper Lee originally expressed her story through Scout’s eyes, and therefore her perspective must be the truth.
Powell, Burnele. “A Reaction: ‘Stand up, Your Father [A Lawyer] Is Passing.’” Michigan Law Review, Vol. 97, No. 6, 1999 Survey of Books Related to the Law. (May, 1999), pp. 1373-1375. 31 Mar. 2006. <http://links.jstor.org/sici?sici=0026-2234%28199905%2997%3A6%3C1373%3AAR%22UYF%3E2.0.CO%3B2-9>
The author of this article is in accord with the controversial piece by Professor Lubet. This author questions whether Atticus Finch remains an inspiration for lawyers if Tom Robinson did in fact commit the crime. He then compares the job of a lawyer to that of an actor; lawyers simply fulfill their duty, and an important duty to society at that. As a society, we ask lawyers to distance themselves from their own personal morals so that they can operate to their best ability in the courtroom. Another view is that they feel to have a “social pass” which allows them to act as necessary in the courtroom. He says that the final view expressed by Lubet is the most satisfying, in which a good person or good lawyer is still good even when arguing in the interests of a bad person. The advancement of principles is an act of heroism for the client, the system, and society.
The author indicates that the various defense techniques and tactics used by Atticus do have a place in the judicial system, but boundaries must be maintained, as Atticus does. The author argues that if we accept that Atticus can recognize the biases that exist in his society, his heroism cannot be diminished based on the innocence of his client; we honor him not based on his freeing an innocent man (which he did not), but rather using all methods within the boundaries of the law to win the case for his client on the behalf of society.
Simon, William. “Moral Icons: A Comment on Steven Lubet's ‘Reconstructing Atticus Finch.’” Michigan Law Review, Vol. 97, No. 6, 1999 Survey of Books Related to the Law. (May, 1999), pp. 1376-1377. 31 Mar. 2006. <http://links.jstor.org/sici?sici=0026-2234%28199905%2997%3A6%3C1376%3AMIACOS%3E2.0.CO%3B2-Z>
The author argues that Atticus Finch is respected not only by the bar for his conduct during the trial, but by readers in general because they feel that he really did believe in the truth of his client. The author disagrees with the controversial Lubet article in certain regards. Firstly, he feels that unless Atticus knows for certain that Mayella tells the truth, his cross-examination simply tests the credibility of her character. Likewise, if he knows that she is lying, then he must expose her. Though his tactics might seem questionable, the stakes are quite high; considering the social landscape in Alabama, a black man’s life is certainly at stake.
Another point on which this author disagrees with Lubet is the use of stereotypes. Atticus is depicted as purely virtuous until the end, at which point he begins to show flaws; Lubet does not like this. However, as this author points out, if Atticus were perfect, then the novel would be romantic escapist fiction, not a more believable and impacting ambitious novel. Atticus’s character becomes more complex and does not act purely on virtue when he gives in to the sheriff’s demand regarding his son, Jem, and the murder of Bob Ewell in self defense. At this point, Atticus’s character becomes more believable in its imperfection, and consequently has a great impact on readers.
Stabler, Scott. “To Kill a Mockingbird.” St. James Encyclopedia of Pop Culture. 2002. 31 Mar. 2006. <http://www.findarticles.com/p/articles/mi_g1epc/is_tov/ai_2419101241#continuev>
This article mostly provides a brief summation of the plot and themes of To Kill a Mockingbird. The author talks about the success of the book and film, and the effect on the prejudices of the south. To Kill a Mockingbird explores the race relations and racism in a small southern town, and the attempt to overcome that racism for truth. The article also provides a short, summarized biography of author Harper Lee, a direct descendent of Robert E. Lee. There is a good chance that the book is based on Harper Lee’s own life, as her father was also a lawyer in a small southern town. Harper Lee always said to write about what you know, and most likely she followed that advice herself.
The article talks about the various themes in the work, such as ignorance versus knowledge, cowardice versus heroism, children versus adults, and courage versus cowardice. The dispute between Atticus Finch and Bob Ewell also concerns the “stereotype of race cohesion,” which Atticus attempts to end. Boo Radley and Tom Robinson both represent an attack on innocence, and Tom Robinson’s murder represents the continuing racism of the South. The article explores other themes and symbols as well. The book and film are a universal success because of the various themes on which they touch.
Call#: Van Pelt Library PS3562.E353 T6 1960b
Lee, Harper. To Kill a Mockingbird. Philadelphia: Lippincott, 1960.
This was the original work by Harper Lee from which the film To Kill a Mockingbird was adapted. The film follows fairly closely to the book, containing all the same characters and plot elements. Both very successful, they convey the atmosphere of a small southern town in Alabama, in which racism is still a glaring problem, even in the judicial system.
Despite their apparent similarity, a few differences do exist. While the film does not change any plot elements from the book, it does spend less time on certain aspects. For example, the book seems to lend a little more focus to the daily lives of Jem and Scout, particularly at their school. While both works ultimately contain the overarching theme of racism in the town, the written work also explores other interactions between characters, and the relationship between the children seems to be explored further. In particular, the “romantic” relationship between Scout and Dill receives some attention in the book, whereas the film leaves this part out entirely. Also, the relationship of Scout to her brother Jem receives less attention, though the film covers it to some degree.
While a fantastic film, the book seems to take the themes and explore them at a deeper level. Of course, a film must be condensed into a reasonable timeframe. Harper Lee’s To Kill a Mockingbird provides extra background information, more plot elements, and for some, a more exciting experience than does the film.