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The O. J. Simpson case captured the attention of the public like no other event in media history, and the Simpson criminal trial is arguably the most notable example of the media's ability to transform litigation. This collection of original essays provides a critical analysis of the Simpson criminal and civil trials. Edited by communications professor Janice Schuetz and professional trial consultant Lin S. Lilley, the book focuses on telelitigation, the media's transformation of sensational trials, with celebrity defendants and victims, into telemediated forms.
The contributors—Ann Burnett, Patricia M. Ganer, Ann M. Gill, Diane Furno-Lamude, Lin S. Lilley, and Janice Schuetz—describe media spectacles, analyze the opening statements of trial attorneys in both cases, investigate the testimony of Mark Fuhrman in the criminal trial and O. J. Simpson in the civil trial, analyze the summations of trial attorneys in both cases, look at the processes of jury decision making, and identify the unique legal and social outcomes of the trials.
The discussions focus on five "hot button" legal issues sparked by the Simpson trials: the perceived unfairness of the jury system; unprecedented calls for jury reform in both civil and criminal arenas; the fairness issues of jury nullification, wherein a jury disregards the law in a criminal case in favor of leniency; wealth and the question of "buying" justice; and ethical questions about the ways the Simpson trials were conducted, in particular the ways in which Simpson attorney Johnnie Cochran and the "Dream Team" repeatedly nudged and occasionally crossed the ethical line.
- Sales Rank: #3206905 in Books
- Brand: Brand: Southern Illinois University Press
- Published on: 1999-11-10
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .75" w x 6.00" l, 1.19 pounds
- Binding: Hardcover
- 232 pages
- Used Book in Good Condition
Review
"If you want to read one book about the O. J. Simpson trial, this may be it. The two Simpson trials—the criminal trial for murder and the subsequent civil trial—are analyzed by six experienced communications experts and trial consultants and by scholars familiar with the rhetoric of legal discourse and the media. Unlike many insider books about this ‘trial of the century,’ this is a scholarly analysis of the connections between rhetoric and the law."—Choice
"A solid, scholarly, and sophisticated piece of rhetorical criticism. The chapters fit well together, and the scholarly mechanics are carefully done. While the primary audience is scholars and students of rhetorical criticism, secondary audiences will be journalists, legal scholars, and general readers."—Peter E. Kane, author of Murder, Courts, and the Press: Issues in Free Press/Fair Trial
About the Author
Janice Schuetz is a professor of communication at the University of New Mexico. She is the author of six books, including The Logic of Women on Trial and (with Kathryn H. Snedaker) Communication and Litigation: Case Studies of Famous Trials, both available from Southern Illinois University Press.
Lin S. Lilley has worked as a trial consultant for twenty-one years. Presently in Austin, Texas, from 1979 to 1990 she was the co-owner of one of the nation's largest full-service trial consulting firms, Starr & Associates, Inc. She is a faculty member of the American Trial Lawyers Association¹s National College of Advocacy and a founding member of the American Society of Trial Consultants.
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TWO ACADEMICS LOOK AT THE TWO TRIALS
By Steven H Propp
The Preface to this 1999 book states, “The O.J. Simpson criminal and civil trials brought forth a mountain of discourse about the trials and the participants… None of the commentary focused on the trial transcripts or on how the Simpson saga formulated by the media affected the public’s perceptions not only of the trials but also of the American system of justice. The goal of the following chapters is to move the commentary on the trial from the media and the mass market to the academic venue. To accomplish this goal, the authors’ analytical book investigates the transcripts of the two O.J. Simpson trials; reviews the jurors’ posttrial statements and the participating attorneys’ explications... and focuses on relevant legal concepts and practices… The goal of this work is to increase public understanding about the connections between rhetoric and law.”
The authors comment, “Why did the prosecutors fail to inoculate in some fashion against the onslaught of witnesses whom they had interviewed and chosen not to use?... Yet every time they objected to some reference to the [Bronco] chase or the [suicide] letter, the district attorneys came across---as Johnnie Cochran first depicted them through most of day one of his opening statement---as prosecutors ‘who didn’t tell you about’ critical evidence.” (Pg. 47)
They observe, “[Detective Mark] Fuhrman was in a classic double bind; that is, if he accepted the responsibility for the accusations [of racism] made, the public would likely see him as a bad cop and an impediment to the case of the prosecution. But if he denied responsibility, he risked perjury, harm to the prosecution’s case, and an end to his career.” (Pg. 64-65) After quoting Fuhrman’s apology from his book, Murder in Brentwood, “It is not at all clear that he succeeded with his intended audience because he used the public form of a best-selling book and television appearances, and he never directly addressed those whom he had offended. His apology took less than two pages. However, his justifications and excuses consumed most of his book and were the focus of most of his media appearances promoting the book.” (Pg. 72)
They note about the civil trial, “The beatings and the shoes were the most dramatic incidences of Simpson’s testimony that backfired on him, but they were not the only times he was caught in a lie. Whether it was saying he had not received the messages from Paula Barbieri, despite telephone records to the contrary, or claims that the pants in the photos were fake, or his inconsistent statements about where he had cut his finger, Simpson’s trustworthiness was constantly undermined when evidence was produced to counter it… ‘The plaintiffs have picked apart Simpson’s testimony by producing at least twenty witnesses who contradict his accounts, including some of his closest friends.’” (Pg. 88)
They comment, “Even though this line of reasoning hinted that the defense story was about police misconduct, there was no compelling evidence of malfeasance. Rather than presenting a persuasive counterstory, the defense maligned the victims and impugned their motives.” (Pg. 109) Later, they add, “[Simpson’s attorney] Baker tried to show that the violence was so extensive that it must have been caused by ‘two assailants,’ … but he was unable to provide images… that would show the likelihood of other assailants, nor was he able to deny the size and power differences between Simpson and his ex-wife Nicole. Further, if there were two assailants, he did not eliminate the possibility that one could have been Simpson.” (Pg. 118)
They record, “Jurors in the civil case focuses on Simpson’s testimony regarding the evidence presented against him… one female juror couldn’t believe how Simpson dealt with the evidence. She said, ‘He would change his mind. First, he said he cut his finger, which were obviously fingernail gouges from the attack. He said he received those from roughhousing with his young son and then later… he changed his mind and said he cut his hand when he was in Chicago in a hotel room.’ This same evidence bothered a male juror who concluded, ‘I find it hard to believe that someone the day after cannot remember a scar-producing cut.’” (Pg. 125)
They note, “Interestingly, some [criminal case] jurors felt that Simpson was involved, but they could not create the story the needed to convict… [Excused juror Michael Knox said] ‘Without a doubt he was definitely there. The shoe print; the gloves I do believe were definitely his. The fiber in the Bronco and all the other evidence definitely put him at the crime scene.’” (Pg. 128)
They point out, “There was little stir when attorney Gerry Spence, during … the murder trial of white separatist Randy Weaver, urged the jury to send a message to government officials who set up surveillance at Ruby Ridge… Yet [Johnnie] Cochran is held to represent the eclipse of civil reasoning when he makes a nearly identical argument…” (Pg. 157)
This is an interesting and “objective” commentary on both the criminal and civil trials; it will be of great interest to those looking for an academic “outsider’s” perspectives.
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