Amanda Mcclintock, Tom Brady, Murder discussed on Champions of Justice


And. Some days, especially when things work out well in a courtroom, you're driving back to the office. You say holy Toledo. You know? Can you imagine getting paid to do this? This is so much other days Paul, you know, it's not quite as good, right? You're listening to champions of Justice with Tom Brady. And Amanda McClintock, our guest today is professor Paul Bergman. He is a professor of law at UCLA. Also, the co author of real Justice the courtroom goes to the movies. Amanda, what do you think is your favorite portrayal of how evidence is used in a movie? Well, there's so many. I would I would give an example from. Film that probably not too many people I've ever seen. I'll go back to the mid forties for a movie that I write about in real Justice called criminal court and in this movie. The defense lawyer is representing a client charged with murder as they usually are in films, Tom, I know, you do great work in civil cases. But by and large audiences seem to like to see movies in which somebody is charged with murder. So anyway, in this film, the defense lawyers cross-examining witness who claims to have been standing on a street corner when a defendant ran up pulled out a gun and shot the person standing next to him. And so he's year classic eyewitness who points to the defendant. They're in court is the person who ran up and pulled out the gun and in cross examination. The defense lawyer becomes increasingly angry accuses him of lying the prosecutor objects. The judge says what's wrong with you? You know, you can't behave yourself. I'm going to have to kick you out of the courtroom and a defense lawyer gets angrier. Angrier and angrier and says, it's obvious. There's no chance for Justice in this courtroom. I'm going to have to take Justice into my own hands. And with that he pulls out a gun from his pocket waves it around the courtroom and the witness who says he stood calmly by watching defended on the street corner. Pull out the gun dives for cover behind the witness chair, the jurors die for covered the prosecutor dies or cover the spectators rush out of the courtroom. And at that point the defense lawyer goes and asked the jurors to get up and look at the witness who says he stood calmly by watching a will for murder take place as he cowers behind the witness chair. So I love that demonstration. I love that use of the testimony. To demonstrate that it's implausible. What's really interesting about that is that basically took place in an actual case that was tried in Los Angeles. In the early nineteen hundreds the lawyer was Earl Rogers, probably somebody heard, Tom. I have indeed matter of fact, I, you know, Dave, Dino, if you take from one person it's called stealing if you take from everybody, it's research. So I've read Earl Roger staff, and I've read a bunch of a whole other lawyers, great stuff and have stolen from a mall. So on the way over though, we're talking about this. Amanda mcclintock. Dave, Dino, no kidding. Is truly one of the finest lawyers in Californian acknowledged by by everybody. And as we're coming over to do the show. Amanda says, you know, Tom women, though are not treated very well in the movies. Go ahead, Amanda in reading your book cover to cover. And of course, it's really really a great read. I notice that you treated many many movies to analysis, and there are very few that feature a female lawyer in a positive light. Can you think of any? Well, probably the it's amazing. We probably have to go back about sixty years ago. My math isn't too good. To Adam's rib. And I think the portrayal of the lawyer they're portrayed by Katherine Hepburn who really takes on a client who's accused of trying to kill her husband because he's carrying on an affair. And she this is really an early feminist movie where she asked the she talks about how the unwritten law would protect a man in a situation that it doesn't protect women that she's asking more is the Justice that a man would get in this situation to be meted out for a woman, and she's probably the strongest image of a female lawyer in the most positive..

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