NAME: ZULEIKHA ADNAN 23090080 ADVOCACY IV The movie "To Kill a Mockingbird," based on the novel by Harper Lee, portrays various aspects of both in-court and out-of-court advocacy. The current response paper will cover what aspects of the movie related to advocacy in court and out of court, how is it relatable to Pakistan, and what additional aspects can be applied to Pakistan based on the legal landscape of the country. In court advocacy in the movie was strongly portrayed when Atticus Finch, the main character and protagonist of the story, represents Tom Robinson, a black man accused of raping a white woman. Atticus uses his legal skills and knowledge to cross-examine witnesses and present evidence that proves Tom's innocence. He also delivers a powerful pathos driven closing argument rooted in factual standing of the claim that appeals to the jury's sense of justice and moral courage, even though he knows it may not be enough to sway them. The closing statement mentioned how the prosecution has not discharged its burden of proof because of absence of hard evidence and the entire case is based on three conflicting testimonies including victim’s. Not only Atticus was able to establish motive but also through his crossquestioning cast doubts on victim’s father. Furthermore, the prosecutor, Mr. Gilmer, uses persuasive language and manipulative tactics to create doubt in the minds of the jury and cast suspicion on Tom's character. He relies on racial prejudice and stereotypes to paint Tom as a dangerous and sexually aggressive man, despite the lack of evidence. The judge, Judge Taylor, tries to maintain order and fairness in the courtroom, but he also allows certain biases and prejudices to influence his decisions. For example, he lets Mr. Gilmer ask leading questions and object to Atticus's line of questioning, but he doesn't reprimand him for doing so. The classic film also explores many aspects of out of court advocacy, particularly in the context of criminal defense. Here are several key aspects of out of court advocacy that are portrayed in the movie: Preparation: Atticus Finch spends a significant amount of time preparing his case. He interviews witnesses, gathers evidence, and conducts research to build a strong defense for his client. Investigative skills: Atticus employs investigative skills to uncover evidence that helps to exonerate his client. He visits the crime scene, talks to witnesses, and examines physical evidence to build a clear picture of what happened. Persuasion: Atticus uses his skills as an orator to persuade the jury to see his client's innocence. He presents his case in a clear and compelling manner, using rhetorical techniques to emphasize key points and sway the jury's opinion. On the flip side, he also portrays the same values at home in his conversations with Scout and Jim Empathy: Atticus shows empathy for his client and the victim of the crime, which helps him to connect with the jury on an emotional level. He is able to convey the human side of the case, making it easier for the jury to understand and empathize with the people involved. Out of court, when he explains the importance of righteousness to Jim and asks Scout to stop beating up kids from her school; he is seen representing the same values of empathy, compassion and tolerance at home too. Ethics: Throughout the movie, Atticus upholds ethical standards in his practice of law. He does not engage in unethical behavior or tactics to win the case, but instead relies on his knowledge of the law and his persuasive abilities to make his case. Even when he faces threats from the community who came to lynch Tom, he maintains his composure and stands for ethics When Scout joins him in his address to the community, one of the members was portrayed as ashamed of his actions when Scout points out his links to her father in the past. Overall, "To Kill a Mockingbird" presents a powerful portrayal of in and out of court advocacy and the role of defense attorneys in the criminal justice system. It highlights the importance of preparation, investigation, persuasion, empathy, and ethics in the practice of law. Despite the novel and film being South American during the 1930s that explores themes of racial injustice, prejudice, and moral courage; some of the legal concepts and themes explored in the story may be relevant in the context of Pakistan. Applicable legal aspects: The concept of equal protection under the law: This legal principle, which is enshrined in the U.S. Constitution's Fourteenth Amendment, ensures that all citizens are entitled to equal treatment under the law. In the context of Pakistan, this principle is also enshrined in the country's constitution and is reflected in various laws and regulations. The importance of due process: Throughout the story, the protagonist, Atticus Finch, emphasizes the importance of due process and the need to uphold the rights of the accused, even when they are unpopular or marginalized. This is also a key principle of Pakistani law and is reflected in the country's constitution and criminal justice system. The presumption of innocence: In the story, the accused is presumed innocent until proven guilty. While this is a key principle of American law, Pakistani law operates under a different system where the accused is not necessarily presumed innocent and may be required to prove their innocence in some cases. Inapplicable legal aspects: The role of juries: The story features a trial by jury, which is a common feature of the legal systems in both the United States but not in Pakistan. The importance of impartial juries and the need for a fair trial are themes that are explored in the story. Jury nullification: In the story, the jury ultimately convicts the defendant despite the lack of evidence against him. Some legal scholars argue that this is an example of jury nullification, where a jury disregards the law and the evidence in order to reach a verdict that they believe is just. This is not a recognized concept in Pakistani law, and juries are expected to base their verdicts on the evidence presented in court.
