Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- Introduction: On the Origins and Prospects of the Humanistic Study of Law
- I PERSPECTIVES ON THE HISTORY AND SIGNIFICANCE OF SCHOLARSHIP IN LAW AND THE HUMANITIES: THREE VIEWS
- II IDEAS OF JUSTICE
- III IMAGINING THE LAW
- IV LINGUISTIC, LITERARY, AND CULTURAL PROCESSES IN LAW
- V INSTITUTIONAL PROCESSES
- 17 Trials
- 18 Testimony, Witnessing
- 19 Judgment in Law and the Humanities
- 20 Punishment
- Index
- References
17 - Trials
Published online by Cambridge University Press: 20 January 2010
Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- Introduction: On the Origins and Prospects of the Humanistic Study of Law
- I PERSPECTIVES ON THE HISTORY AND SIGNIFICANCE OF SCHOLARSHIP IN LAW AND THE HUMANITIES: THREE VIEWS
- II IDEAS OF JUSTICE
- III IMAGINING THE LAW
- IV LINGUISTIC, LITERARY, AND CULTURAL PROCESSES IN LAW
- V INSTITUTIONAL PROCESSES
- 17 Trials
- 18 Testimony, Witnessing
- 19 Judgment in Law and the Humanities
- 20 Punishment
- Index
- References
Summary
From the “Trial of the Century” to the Century of the Trial
On January 31, 2005, the “trial of the century” began in Santa Barbara, California, as pop star Michael Jackson was accused of conspiracy to abduct a child, as well as various other lewd acts against children. At the same time, on the other side of the world, another “trial of the century” was already in progress, that of Slobodan Milosevic, the former president of Serbia, before the International Criminal Tribunal for the former Yugoslavia for crimes against humanity and genocide. This trial followed on the heels of yet another “trial of the century” – the trial of two Libyan men in Camp Zeist, the Netherlands, accused of murdering the passengers of Pan Am flight 103 by exploding a bomb over Lockerbie, Scotland. This trial took place only a few years after the trial of O. J. Simpson for murder in 1995, a trial that was in its time widely claimed to be the trial of the century – albeit a different century. Indeed, it is possible to find the claim being made about large numbers of trials going back to the early years of the twentieth century – although in these earlier cases the claim is more often made by later commentators than contemporary observers. Thus other candidates for the “trial of the century” include variously the trial of Julius and Ethel Rosenberg (1951), the Nuremberg trials (1945), the Scopes “Monkey” trial (1925), the trial of Leopold and Loeb (1924), and back to the trial of Harry Thaw (1906) – and large numbers of trials in between.
- Type
- Chapter
- Information
- Law and the HumanitiesAn Introduction, pp. 455 - 477Publisher: Cambridge University PressPrint publication year: 2009
References
, A Princely Impostor? The Strange and Universal History of the Kumar of Bhawal (Princeton, NJ: Princeton University Press, 2002)Google Scholar
, The Juridical Unconscious: Trials and Trauma in the Twentieth Century (Cambridge, MA: Harvard University Press, 2002) 3–7Google Scholar
, The Memory of Judgment: Making Law and History in the Trials of the Holocaust (New Haven: Yale University Press, 2001)Google Scholar
, The Hanging Tree: Execution and the English People 1776–1868 (Oxford: Oxford University Press, 1994)Google Scholar
, Advocacy and the Making of the Adversarial Criminal Trial (Oxford: Oxford University Press, 1998) ch. 3Google Scholar
, In the Theater of Criminal Justice (Princeton, NJ: Princeton University Press, 1993)Google Scholar
, “The Image of Justice and Reform of the Criminal Law in Early Nineteenth-Century England,” Buffalo Law Review 32 (1983) 89–125Google Scholar
, “Property, Authority, and the Criminal Law” in et al., Albion's Fatal Tree: Crime and Society in Eighteenth-Century England (London: Allen Lane, 1975)Google Scholar
, “The Incidence of Jury Trial during the Past Century,” Modern Law Review 1 (1937), 132CrossRefGoogle Scholar
, The Bar and the Old Bailey 1750–1850 (Chapel Hill: University of North Carolina Press, 2003)Google Scholar
, , , and , The Trial on Trial III: Towards a Normative Theory of the Criminal Trial (Oxford: Hart Publishing, 2007) ch. 2Google Scholar
and , Modern Histories of Crime and Punishment (Stanford: Stanford University Press, 2007)Google Scholar
, “‘Rejouer Les Crimes.’ Theater vs. Video,” Cardozo Studies in Law and Literature 13 (Spring 2001) 119 at 125CrossRefGoogle Scholar
, Conviction! Law, the State, and the Construction of Justice (London: Macmillan, 1981)Google Scholar
, Punishment and Modern Society (Oxford: Oxford University Press) 70 ff.
, “Conditions of Successful Degradation Ceremonies,” American Journal of Sociology (1956) 420–4CrossRefGoogle Scholar
, The Crime in Mind: Criminal Responsibility and the Victorian Novel (Oxford: Oxford University Press, 2003)Google Scholar
, Imagining the Penitentiary: Fiction and the Architecture of Mind in Eighteenth-Century England (Chicago: University of Chicago Press, 1987)Google Scholar
and , Reconstructing Reality in the Courtroom: Justice and Judgment in American Culture (New Brunswick, NJ: Rutgers University Press, 1981)Google Scholar
, “The Dialogics of Legal Meaning: Spectacular Trials, the Unwritten Law, and Narratives of Criminal Responsibility,” Law and Society Review 33 (1999) 393–423CrossRefGoogle Scholar
, “Judges v. Jurors: Courtroom Tensions in Murder Trials and the Law of Criminal Responsibility in Nineteenth-Century England,” Law and History Review 17 (1999) 393CrossRefGoogle Scholar
, Ordering Law: The Architectural and Social History of the English Law Court to 1914 (Aldershot: Ashgate, 2003)Google Scholar
(ed.), Essential Works of Foucault 1954–84. Vol. 3 Power (ed. ) (New York: New Press, 2000) 1–89
, “Aveu, Verite, Justice et Subjectivite. Autour d'un enseignement de Michel Foucault,” Juridiques 7 (1981) 163–82Google Scholar
, English Criminal Justice in the Nineteenth Century (London: Hambledon, 1998) 63–4, 275–7Google Scholar
, Expert Witnesses: Science, Medicine, and the Practice of Law (Oxford: Clarendon, 1994)Google Scholar
, “The Beyond Reasonable Doubt Doctrine: ‘Moral Comfort’ or Standard of Proof,” Law and Humanities 2:2 (2008) 149–73CrossRefGoogle Scholar
, “Beyond Reasonable Doubt” and “Probable Cause.” Historical Perspectives on the Anglo-American Law of Evidence (Berkeley: University of California Press, 1991)Google Scholar
, Strong Representations: Narrative and Circumstantial Evidence in England (Baltimore: Johns Hopkins University Press, 1992)Google Scholar
, Testimony and Advocacy in Victorian Law, Literature, and Theology (Cambridge: Cambridge University Press, 2000)Google Scholar
, Courts on Trial: Myth and Reality in American Justice (Princeton: Princeton University Press, 1949)Google Scholar
, The Suspicions of Mr Whicher: A Shocking Murder and the Undoing of a Great Victorian Detective (New York: Walker & Co., 2008)Google Scholar
, Unconscious Crime: Mental Absence and Criminal Responsibility in Victorian London (Baltimore: Johns Hopkins University Press, 2003) 158–60Google Scholar
, Reconstructing the Criminal: Culture, Law, and Policy in England 1830–1914 (Cambridge: Cambridge University Press, 1990)Google Scholar
, “Truth-Telling in the Eighteenth-Century English Courtroom,” Law and History Review 12 (1994) 95 at 100–1Google Scholar
, “Perjurious Albion: Perjury Prosecutions and the Victorian Trial,” Law and History, and , eds. (Oxford: Oxford University Press, 2004)Google Scholar
, The Compulsion to Confess: On the Psychoanalysis of Crime and Punishment (New York: Farrar, Strauss, & Cudahy, 1959)Google Scholar
, Troubling Confessions: Speaking Guilt in Law and Literature (Chicago: Chicago University Press, 2000)Google Scholar
, “Psycho-Analysis and the Establishment of Facts in Legal Proceedings,” Standard Edition of the Complete Psychological Works of Sigmund Freud, vol. 9 (London: Hogarth Press, 1959)Google Scholar
, Criminal Psychology: A Manual for Judges, Practitioners, and Students (Boston: Little, Brown, & Co., 1911)Google Scholar
, On the Witness Stand: Essays on Psychology and Crime (New York: Doubleday, Page & Co., 1909)Google Scholar
, “True Crime Stories: Scientific Methods of Criminal Investigation, Criminology, and Historiography” British Journal of Criminology 38 (1998) 97–8CrossRefGoogle Scholar
, the notorious poisoner; see “The Demeanour of Murderers,” Household Words (1856) 504–7Google Scholar
, “Comparative Epistemology of Suspicion: Psychoanalysis, Literature, and the Human Sciences,” Science in Context 18 (2005) 649–69CrossRefGoogle ScholarPubMed
, “Arthur and Oscar (and Sherlock): The Reconstructive Trial and the ‘Hermeneutics of Suspicion,’” International Commentary on Evidence (2007) (Article 4)CrossRefGoogle Scholar
, From Tavern to Courthouse: Architecture and Ritual in American Law 1658–1860 (Baltimore: Johns Hopkins University Press, 2004)Google Scholar
, “On Stage: Some Historical Notes About Criminal Justice,” Social Science, Social Policy, and the Law, , , and , eds. (New York: Russell Sage Foundation, 1999) 77Google Scholar
, “The Play's the Thing: An Unscientific Reflection on Courts Under the Rubric of Theater,” Stanford Law Review 28:1 (1975) 81–115 at 82CrossRefGoogle Scholar
, “Legal Performance: Good and Bad,” Law, Culture, and the Humanities 4 (2008) 179 at 180–1CrossRefGoogle Scholar
, “Architects of Justice: The Politics of Courtroom Design,” Social and Legal Studies 16 (2007) 383CrossRefGoogle Scholar
and , “Representing Justice: From Renaissance Iconography to Twenty-First-Century Courthouses,” Proceedings of the American Philosophical Society 151 (2007) 139Google Scholar
, Political Justice: The Use of Legal Procedure for Political Ends (Princeton: Princeton University Press, 1961)Google Scholar
, “Perpetrator Proceedings and Didactic Trials” in et al., The Trial on Trial II: Judgment and Calling to Account (Oxford: Hart Publishing, 2006) 203Google Scholar
, “Theater in the Courtroom: The Chicago Conspiracy Trial,” Law and Literature 16 (2005) 381–474 at 394–405CrossRefGoogle Scholar
, “The Objection that Cannot be Heard: Communication and Legitimacy in the Courtroom” in et al., The Trial on Trial I: Truth and Due Process (Oxford: Hart Publishing, 2004)Google Scholar
, When Law Goes Pop. The Vanishing Line Between Law and Culture (Chicago: Chicago University Press, 2000)Google Scholar
, “Europe in America: Grammatology, Legal Studies, and the Politics of Transmission,” Columbia Law Review 101:8 (2001) 2033–84 at 2075CrossRefGoogle Scholar
, “Justice Out of Court: The Dangers of Trial by Media,” Law as Communication, , ed. (Aldershot: Dartmouth, 1996)Google Scholar
, “The Unbearable Lightness of Being? Shifts Towards the Virtual Trial,” Journal of Law and Society 35 (2008) 464–89CrossRefGoogle Scholar
, “Victims and Voyeurs: Two Narrative Problems at the Criminal Trial,” Law's Stories: Narrative and Rhetoric in the Law, and , eds. (New Haven: Yale University Press, 1996)Google Scholar
, “The Search for Truth: An Umpireal View,” University of Pennsylvania Law Review 23 (1975) 1031 at 1035CrossRefGoogle Scholar
, “Evidentiary Barriers to Conviction and Two Models of Criminal Procedure,” University Pennsylvania Law Review 21 (1973) 506CrossRefGoogle Scholar
, Liturgies and Trials: The Secularization of Religious Language (London: Blackwell, 1982) 51Google Scholar
, “Evidence in Criminal Cases,” The Handbook of the Criminal Justice Process, and , eds. (Oxford: Oxford University Press, 2002) 184Google Scholar
, “Fragile Performances: The Dialogics of Judgment in ‘A Theory of the Trial,’” Law and Social Inquiry 28 (2003) 527–32CrossRefGoogle Scholar
, “Literature, the Rights of Man, and Narratives of Atrocity: Historical Backgrounds to the Culture of Testimony,” Yale Journal of Law and the Humanities 17 (2005) 253–83Google Scholar
and , eds., Lethe's Law: Justice, Law, and Ethics in Reconciliation (Oxford: Hart Publishing, 2001)
, “Rats, Pigs, and Statues on Trial: The Creation of Cultural Narratives in the Prosecution of Animals and Inanimate Objects,” New York University Law Review 69 (1994) 288 at 292Google Scholar
, “Invisible Worlds and Criminal Trials: The Cases of John Proctor and O. J. Simpson,” American Journal of Legal History 41 (1997) 287 at 291CrossRefGoogle Scholar
, “‘With all the Impressiveness and Substantial Value of Truth’: Notable Trials and Criminal Justice, 1750–1930,” Law and Humanities 1:1 (2007) 57–78CrossRefGoogle Scholar
, Signs Taken for Wonders: On the Sociology of Literary Forms (London: Verso, 1983) ch. 5Google Scholar
The Origins of Totalitarianism (New York: Harcourt Brace Jovanovich, 1973) 91