Obiter Dicta Issue 9 - January 18, 2016 | Page 11

ARTS & CULTURE Tuesday, January 19, 2016   11 Anatomy of a Murder: The Glory and Pitfalls of the Adversarial Justice System - justin philpot t Otto Preminger’s Anatomy of a Murder (1959) is fifty-seven years old. Nevertheless, it remains the finest trial drama ever put on film. It is impossible for me to put into words why my love affair with this film runs so deep. I first watched Anatomy of a Murder when I was a naïve twentyyear old. This was before I even thought about going to law school. Back then the film stood out to me for being tremendously entertaining with great performances, especially by James Stewart. Now, the film has a deeper meaning for me. It is a fascinating study of the adversarial system of justice and its moral consequences. The film, based on the novel of the same name, details the events of a real 1952 murder trial in Michigan’s Upper Peninsula. The novel was written by the trial’s defense attorney, John D. Voelker, but published under the pen name John Traver. Otto Preminger decided to shoot the entire film on location believing that a studio set would not feel authentic. The majority of the film was shot in Voelker’s own house and the Courthouse where the actual trial took place. Preminger’s commitment to authenticity is felt in every frame of the film. Few know that Otto Preminger was just as big as Alfred Hitchcock in the 1950s. It is not just Anatomy of a Murder, it is Otto Preminger’s Anatomy of a Murder - his name received top billing. Preminger graduated from the University of Vienna Law School, but he never practiced law; he was too drawn to theatre. Coming from a period when Nazism was widespread in Europe, he cherished the American system of justice, which constitutionally protected an individual’s freedom of speech. He viewed American lawyers as “actors” for their clients and the best lawyers were the best actors. Paul Biegler (John Voelker’s representation in the film) is played by the legendary James Stewart. By Biegler’s own admission, he is a ”simple country lawyer,” but a murder case falls in his lap. A lieutenant in the military, Frederick Manion (Ben Gazzara) is charged in the shooting death of local bar owner Barney Quill. Manion’s wife, Laura (Lee Remick) was raped earlier in the evening by Quill, or at least that is what we are supposed to believe. During his visit with Manion at the county jail, Biegler explains the ways in which he can defend murder. He directly asks Manion: “What’s your excuse for shooting Quill?” Manion, with a sinister smirk, says “I must have been mad.” Biegler takes the case, basing the defense on Manion suffering from temporary insanity at the time of the shooting caused by learning of the violent rape of his wife. In other words, he acted on an “irresistible impulse” and cannot be convicted for something he had no control over (no mens rea). You get the impression that Biegler does not like his client or believe he is innocent. I get the impression he takes the case out of his love of the law and how the case challenges its boundaries. Biegler is your ”zealous advocate” personified. He is morally ambivalent and I am not sure I trust him. I am not sure the audience is meant to. In the courtroom Biegler is an operator, twisting and colouring everything in favour of his client. He is likeable, funny, and quick on his feet. You cheer for him to win. As an audience, Army-McCarthy hearings. You can tell Welch is not an actor, but it hardly matters. He provides the needed composed a WF