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PRINTED FROM the OXFORD RESEARCH ENCYCLOPEDIA, CRIMINOLOGY AND CRIMINAL JUSTICE ( (c) Oxford University Press USA, 2020. All Rights Reserved. Personal use only; commercial use is strictly prohibited (for details see Privacy Policy and Legal Notice).

date: 29 September 2020

Summary and Keywords

American courtroom films depicting criminal trials have long resonated with audiences around the world, including viewers in countries whose legal systems are very different from those portrayed in the films. Three principal factors account for the broad popularity of these films.

1. Flexibility of the genre: The crimes with which defendants are charged can be carried out in an infinite number of ways and for an infinite variety of motives. Stories can be comedies or dramas; real or fictional; and “who-dunits,” “why-dunits,” or “how-dunits.”

2. The adversary system of trial: The American adversary system of trial is made to order for screenwriters. The question-and-answer format produces verbal duels between lawyers and witnesses that often result in surprise evidence, sudden plot twists, and in-your-face comeuppances. While the nominal targets of the testimony and the arguments are the jurors who are frequently present, the jurors are proxies for the writers’ ultimate targets, the viewers.

3. Subject matter: Defendants in courtroom films are typically charged with murder or other forms of serious crime, topics to which viewers in all countries can easily relate.

For individual courtroom films, the “moment of truth” typically occurs when viewers find out whether a defendant is innocent or guilty. But for the courtroom genre as a whole, “moments of truth” consist of the “macro lessons” that courtroom films “teach” to viewers about the American system of criminal justice. Most viewers, regardless of where they live, have had little or very little exposure to actual criminal trials. For most people, what they think they know about American criminal justice is based on the images of law, lawyers, and criminal justice portrayed in courtroom films.

Keywords: guilt, innocence, courtroom genre, adversary system, jury trial, cross-examination, attorney-centered trials, death penalty, unwritten law

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