The Rule of Law and Perry Mason
I had a conversation last night with a Turkish activist--I use the opaque word "activist" for want of a better one--who is involved in setting up a group called A Minute of Darkness. The idea is to encourage people to protest by turning off their lights for a minute. To protest what, exactly, I asked? Civil rights violations, he said, or indeed anything they didn't like. There is a precedent for this in Turkey: This form of protest took place in 1997.
I asked if the group had a specific goal, be it legislative or electoral. No, he said: It was to raise awareness that it was okay, it was normal, it was even healthy peacefully to express dissent in a democracy.
This got me to thinking: How do Americans not only learn about their legal rights, but acquire a deep, innate sense that they are entitled to exercise them?
And specifically--how large a role has the television courtroom drama played in giving Americans a basic legal education?
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Nov '10
Re: The Rule of Law and Perry Mason
I’d say it gives them a legal mis-education, but then that’s what a lot of law schools are doing these days as well.
Jan '11
Re: The Rule of Law and Perry Mason
The topic's a personal favorite, so I'm glad you brought it up. My variant of your question is: how do we actually do politics? Every two years, we vote -- but how do we get involved in public affairs in the time in between?
Contrast freedom with its opposite. It has always been the tyrant's goal to control public opinion, and to control the message. Public expression, especially about political issues, is always the tonic against oppression.
Communication is key. I say that in the recent uprisings in Africa and the Middle East, the opposition accelerated because, for the first time, they realized that a significant number of their fellow citizens were also dissatisfied with the existing government. What was the first move by the tyrants? Blackout. Don't let the people know how strong they really are.
I argue that politics is conducted by ... talking and writing. Politics is about consent, which means persuasion, which in turn means conversation.
The more of it, the better. The more uncontrolled, the better. The more outlets for it, the better.
Dec '10
Re: The Rule of Law and Perry Mason
I think those of ua who were young children in the 1960s had the benefit of public schools that still taught basic American civics. As a kid in middle-class America today, you may not hear the expression "it's a free country" or see Norman Rockwell's "Four Freedoms" very often, but you're still steeped in a culture that values freedom of expression and instills a certain distrust of authority: you get a sense that you as an individual American citizen have certain rights that the State must respect. (In too many low-income communities, kids grow up with an unhealthy level of distrust of authority, being taught that the police are the enemy.)
And the appropriate cultural reference today isn't Perry Mason, it's Jack McCoy of Law & Order.
Edited on Apr 11, 2011 at 11:48pmRe: The Rule of Law and Perry Mason
I'd love to see a selection of terrific television-drama YouTube clips on this thread. Anyone have a favorite?
Oct '10
Re: The Rule of Law and Perry Mason
Television courtroom drama is about as removed from the actual facts of the courtroom (and the justice system) as Cinderella from the life of a typical domestic servant. To the extent that the gap is narrowing, it is the justice system that is being warped towards television. This is far from a fairytale ending.
Re: The Rule of Law and Perry Mason
Claire, here's a moment from Law & Order. It's not a courtroom scene, but it gives some of the flavor of the passion of the show.
I wanted to find a clip with Michael Moriarty doing a summation in the courtroom but couldn't locate one. Totally different style from Waterston's but equally fabulous.
Nov '10
Re: The Rule of Law and Perry Mason
You can see the effect of television on understanding of the legal system here in Canada, where most TV is American, but the law is obviously not. In the 70's a friend of mine who was in the Quebec police used to laugh about criminals who thought they had Miranda Rights because they had seen it on TV; Miranda rights weren't introduced until the 80's. Even now they are pretty different (you don't have the right to have a lawyer present, and though you do have the right to silence, an interrogation does not have to be stopped when you claim that right), many Canadians still don't know that. We also have double jeopardy - an acquittal can be tossed on appeal, and the case retried - which, though rarely used, surprises many when it is. Finally, I was quite surprised to find, when called for jury duty, the freedom of lawyers to query & dismiss potential jurors is much more restricted - it's basically name, age, occupation, "can you judge this fairly (yes/no)?", and a limited number of dismissals for each side, so it is harder to stack a jury.
Jun '10
Re: The Rule of Law and Perry Mason
Good comments above. I'll be less serious.
Poor old Hamilton Burger must have had some serious confidence problems. He's just ready to finish his case, the conviction looks like it's locked up, he looks up, and there comes Paul Drake or Della Street with that damned evelope with the evidence that demonstrates that one of the prosecution witnesses actually committed the crime. Perry Mason asks one question, the culprit confesses on the stand, and down comes the gavel. Case dismissed.
Nov '10
Re: The Rule of Law and Perry Mason
I love Hamilton Berger’s objections which were usually something like, “Your honor I object on the grounds that this evidence is immaterial, incompetent, and irrelevant."
That’s the sum total of all grounds for objection that exist in the rules of evidence.
Vinny’s opening statement in My Cousin Vinny is simply the best I’ve ever heard: Referring to the prosecutor’s opening, he says “Ladies and gentlemen, everything he just said is Bull S—."
Brevity is the soul of wit.
Edited on Apr 12, 2011 at 9:22amMay '10
Re: The Rule of Law and Perry Mason
Perry's pet private detective, Paul Drake, can usually be counted on to be a wet blanket: "And Perry--maybe you should be sitting down for this--there were only three women in town with an electrician's license in 1974, but one of them is your client, Anna Livia Plurabelle".
Then there's the classic Lt. Tragg moment each week, when he barges in on a supposedly private talk between Perry and his client: "Ah, counselor, how kind of you to locate Miss Plurabelle for us. But I'm afraid she's not heading back to Dublin. She's coming downtown with me to be booked---for first degree murder".
My favorite "Mason" ending: Perry's freed client, a politician, goes back to his cheering crowds. "Now there's a man worth fighting for", Perry says. The camera tracks in on Della's reaction; she casts a long look at Mason, who is still listening to the speech; she raises an eloquent eyebrow and smiles wanly. Fade out.
Aug '10
Re: The Rule of Law and Perry Mason
I once was told by an irate judge in the course of a meandering cross-examination: "Mr (Mark)- It's not like Perry Mason! He's not going to throw up his hands and admit everything". Embarrassing, but a valuable lesson.
Aug '10
Re: The Rule of Law and Perry Mason
You mean that all judges aren't middle aged black women?
Aug '10
Re: The Rule of Law and Perry Mason
The TV series began with a Perry Mason who often played fast and loose with the law, and part of the fun was worrying that he'd get in trouble. I understand that this is closer to the character in the Gardner books. Later, he mutated into a comparatively bland character. (Paul Drake and Della Street ended up pretty bland, too.)
I primarily enjoy watching the series for the other characters, including some appealing actresses often in juicy bad girl roles, like Constance Towers, Marie Windsor, Mari Blanchard, Geraldine Brooks, etc. I find them all much sexier than the women on TV today, who often seem so masculinized.
But of course the main difference between the TV show and reality is that all his clients were innocent. Reminds me of the public defender in The Big Chill, disillusioned with her clients, who admitted to her friends that "I just didn't think they'd be so ... guilty."
Re: The Rule of Law and Perry Mason
I once saw Raymond Burr in San Francisco International Airport.
I realize that's not much of a contribution to this thread. But in the words of Droopy, "I've been sick lately."
Apr '11
Re: The Rule of Law and Perry Mason
Where do we get them from Claire..........I used to think I got them from the government....that's what a public school education will do for you........I now like getting them from the Motor city Madman Ted Nugent.....I love his approach that we are born no just go ahead and try and take them away..... Hope you feel better Peter and can soon say as Droopy often did " I'm happy"
Apr '11
Re: The Rule of Law and Perry Mason
Born with them that is.... it's late