Justice isn't blind. It's winking. This is the message Americans get when, against the weight of overwhelming evidence, high-profile suspects go free; when there are special sentencing rules for battered wives or adult survivors of childhood abuse; when murderers are released from prison to rape and murder again, and politicians make political hay out of these cases; when lawyers look less like servants of higher values and more like profit seekers reaping fortunes by helping clients get away with murder. This book is a penetrating look into what's wrong with the American legal system, a devastating critique of how politics has corrupted criminal law in America.
Written with clarity and simplicity, Getting Away with Murder is a lesson in how the law works and a blueprint for how it should work. Susan Estrich takes on the enflamed issues, from the O. J. Simpson trial to three strikes legislation, but pushes well beyond the soundbite answers. Drawing on her background as a lawyer, political commentator, professor, and national campaign manager for Michael Dukakis, she brings academic expertise and political experience together in a way that very few people can.
In particular, Estrich argues that group-based jury nullification, like group-based abuse excuses, is precisely the wrong answer to the biases of the criminal justice system. Getting Away with Murder also views this system in the wider political arena, where fiascoes like the Willie Horton case stifle political debate and promote policies that tie the hands of judges in dealing with dangerous offenders. Lawyers do not escape Estrich's notice; she directs some of her most pointed remarks at the failure of the legal profession to tend to the ethical duties and legal values that it professes.
At a time when three quarters of black Americans believe that the criminal justice system is racist and unfair; when nearly half of all whites think it's ineffective and in decline; when crime, though falling, still tops the list of public concerns, and politicians exploit public distrust of the system to get elected, Getting Away with Murder makes a statement that is powerful, controversial, and urgently needed.
In this illustrated examination of the Lindbergh kidnapping case, Jim Fisher seeks to set the record straight regarding Bruno Hauptmann's guilt in "the crime of the century."
In February 1935, following a sensational, six-week trial, a jury in Flemington, New Jersey, found German carpenter Hauptmann guilty of kidnapping and murdering the twenty-month-old son of Charles and Anne Lindbergh. Although circumstantial, the evidence against Hauptmann—the handwriting on the ransom notes, the homemade kidnapping ladder, Colonel Lindbergh's money found in his garage, his matching the description of the man who accepted the ransom payoff in the Bronx cemetery, his inability to prove an alibi, and his incredible explanation of his possession of the ransom money—was overwhelming, leaving few to doubt his guilt. After a series of appeals and stays, Hauptmann died fourteen months later in the electric chair. A confession would have spared him the death sentence, but Hauptmann chose to die maintaining his innocence.
It was not until the mid-1970s that revisionists began to challenge the conventional wisdom in the case: that Hauptmann was the lone killer. Revisionist books and articles appeared, as did plays, TV shows, and a movie, all portraying Hauptmann as the victim of a massive police and prosecution frame-up.
At this point, the focus shifted from the evidence to the conduct of the police. By the 1980s, most people familiar with the case were convinced of Hauptmann's complete innocence. Many denied the murder, believing that the Lindbergh baby remained alive. Several men claimed to be the firstborn son of Charles and Anne Lindbergh, one of whom sued to claim his share of the Lindbergh estate after Charles Lindbergh's death in 1974.
Another group held that the kidnapping was an elaborate hoax to cover up the murder of the baby by his parents. Anna Hauptmann¹s series of federal lawsuits against New Jersey and others in the mid-1980s fueled further interest in the case. Although Hauptmann's widow lost all of her lawsuits, she had won the hearts and minds of the American people before her death at the age of ninety-four.
Former FBI agent Fisher discusses the hard evidence, such as the ransom notes and the wood of the kidnapping ladder. He analyzes and debunks the various revisionist theories and presents new evidence that, coupled with the undisputed facts, prove beyond a reasonable doubt that Hauptmann was guilty as charged: he kidnapped and murdered the infant son of Charles and Anne Lindbergh.
The dark shadows and offscreen space that force us to imagine violence we cannot see. The real slaughter of animals spliced with the fictional killing of men. The missing countershot from the murder victim’s point of view. Such images, or absent images, Karla Oeler contends, distill how the murder scene challenges and changes film.
Reexamining works by such filmmakers as Renoir, Hitchcock, Kubrick, Jarmusch, and Eisenstein, Oeler traces the murder scene’s intricate connections to the great breakthroughs in the theory and practice of montage and the formulation of the rules and syntax of Hollywood genre. She argues that murder plays such a central role in film because it mirrors, on multiple levels, the act of cinematic representation. Death and murder at once eradicate life and call attention to its former existence, just as cinema conveys both the reality and the absence of the objects it depicts. But murder shares with cinema not only this interplay between presence and absence, movement and stillness: unlike death, killing entails the deliberate reduction of a singular subject to a disposable object. Like cinema, it involves a crucial choice about what to cut and what to keep.
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