Atticus Finch is not enough

Why the “great lawyer” theory of justice is misleading.

President Obama has provided an introduction to a special television showing of To Kill A Mockingbird. In one way, this gesture shows great taste and political savvy: the story of Atticus Finch’s battle against racial injustice is heart-lifting and remains of potent relevance today. 

Yet To Kill A Mockingbird is a story of legal failure on a systemic scale.

Finch’s defence is almost inevitably unsuccessful, and an evidently innocent man is convicted. Nothing – not even someone as attractive and righteous as Finch – can save Tom Robinson: the criminal justice system was so dysfunctional that a courageous and incisive lawyer is effectively bound to fail.

It remains a mystery why this great book and film encourages anyone to be a lawyer, so horrific are the defeatist implications of the tale for the legal system.

But the story continues its hold over popular culture. Many people, when asked who they would select as the greatest lawyer in fiction, would still choose the brave but ultimately ineffectual Finch. The reason for this is simple: Finch is a great man who happens to be is needed for a good justice system than for lawyers and their clients to be nicer people. 

In reality, few cases depend entirely on the performance of a single lawyer: it is how the lawyers on both sides and the court system work together which ensures whether the interests of justice are served.  And in criminal cases there are the wider issues of the role of the police and of the probation and prison services.  Criminal justice is complex, and so just outcomes depend on the efficient interaction of many professionals and on the resources available to them.  Injustice is what happens when this system fails or is improperly resourced.  But few politicians and their voters want to grasp at the problems of the justice system: instead, yet more laws will be passed to be enforced with less money.

And so we have a politician seeking re-election commending Finch on a television special, and everyone will then be inspired by watching a great man lose his case. If only every lawyer was like Finch, the viewers will think, and the world would be such a better place.  And the criminal justice system will carry on failing, just as before.

 

David Allen Green is legal correspondent of the New Statesman

Atticus Finch and Tom Robinson in court. Photo: Rex Features

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Andy Burnham's full speech on attack: "Manchester is waking up to the most difficult of dawns"

"We are grieving today, but we are strong."

Following Monday night's terror attack on an Ariana Grande concert at the Manchester Arena, newly elected mayor of the city Andy Burnham, gave a speech outside Manchester Town Hall on Tuesday morning, the full text of which is below: 

After our darkest of nights, Manchester is today waking up to the most difficult of dawns. 

It’s hard to believe what has happened here in the last few hours and to put into words the shock, anger and hurt that we feel today.

These were children, young people and their families that those responsible chose to terrorise and kill.

This was an evil act. Our first thoughts are with the families of those killed and injured. And we will do whatever we can to support them.

We are grieving today, but we are strong. Today it will be business as usual as far as possible in our great city.

I want to thank the hundreds of police, fire and ambulance staff who worked throughout the night in the most difficult circumstances imaginable.

We have had messages of support from cities around the country and across the world, and we want to thank them for that.

But lastly I wanted to thank the people of Manchester. Even in the minute after the attack, they opened their doors to strangers and drove them away from danger.

They gave the best possible immediate response to those who seek to divide us and it will be that spirit of Manchester that will prevail and hold us together.

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