Thursday, May 21, 2009

The O.J. Verdict

Ten years after the California court found O.J. Simpson not guilty on two counts of murder, Frontline's documentary team took a look at the divided nature of responses to the verdict.   A compelling review of the decisions made by the trial teams provide a forum in which to move beyond the question of whether Simpson was guilty or innocent of the murder, to how our justice system as a part of our larger culture deals with what Alan Dershowitz called "a perfect storm" of factors that catapulted this case into a national and world-wide media frenzy.

Wednesday, May 6, 2009

The Gideon v. Wainwright decision overturned a previous ruling in Betssv. Brady. My research was about this case, as it was never explained in the documentary.

Betts v. Brady was a case in which Betts was indicted for robbery in Maryland. He requested legal counsel but was denied by the judge. He filed a writ of habeas corpus to the Circuit Court for Washington Cty., Maryland, and to the Maryland Court of Appeals, both of which were also denied. He then took the case to the U.S. Supreme Court, who also rejected his claim. The ruling was 6-3. I found this case interesting because it seems to me that the facts and processes of this case and Gideon were almost identical, yet int this case, Betts did not win. It goes to show that the opinions of the Justices can be very different through the passage of time.

Tuesday, May 5, 2009

Clarence Earl Gideon and the Right to Counsel

Please post your information on the Gideon case here.

In 1961 in the state of Florida, Clarence Earl Gideon was sent to prison for five years after a trial in which he was not represented by counsel, having no money to hire an attorney himself. From that first trial on, Gideon insisted that the he had the right to have counsel appointed for him under the provisions of the United States Constitution.  In 1963, in the case of Gideon v Wainwright, the United States Supreme Court agreed and overruled the case of Betts v Brady which had limited the conditions under which a defendant accused of a felony had to have counsel appointed.   As Robert F. Kennedy later noted:

"If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell . . . to write a letter to the Supreme Court . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed."


Sunday, May 3, 2009

Unit Two

This section will be focusing less on the characters, what we learn from them, and why this may be significant for our understanding of our legal system (implied or stated), and move more into that system as a process.  Who are the players?  What is their significance?  How do the various texts and visual representations of this complicate our understanding of the roles and limitations of the law?

More information to come on what the requirements will be for this unit.

Friday, April 17, 2009

Law, Literature, and Society

This blog will be used by students in the 2009 Spring Quarter class of Law, Literature, and Society at University of Cincinnati to publish responses to some of the texts we will be reviewing. One goal is to have a dynamic interchange--that is, not just for one person (the instructor) to see the responses, but for any and all of us to read, comment on, and respond to ideas raised. I may occasionally interject another question or comment as well, to redirect some discussion in ways that may usefully lead into another topic or reading. Our first responses will be to the text In Cold Blood by Trumane Capote.

Wednesday, April 15, 2009

In Cold Blood, Sections I and II

In these sections of ICB, questions might arise on many levels; for example, you may want to highlight the style of the text or the narrator; you may want to look at the facts that we're given and the allusions that are made beyond those facts; you may be interested in concepts such as fairness, innocence, or guilt; or you may be interested in contextual matters, such as the physical or cultural setting of the events in questions, contemporary occurences, or what has happened since that time. Whatever your interest, raise a question that you think is worth considering and/or do some research about an element of the text or idea that arises from the text.