The Nation.



Reasons for Doubt

Diary of a Mad Law Professor

By Patricia J. Williams

This article appeared in the December 30, 2002 edition of The Nation.

December 12, 2002

When I was in college, I joined a court-watching project in Roxbury, Massachusetts. We observed criminal trials, then interviewed judges, lawyers and witnesses. During one unforgettable interview, a judge told me he never worried about cases coming out wrong because: The police don't have time to arrest innocent people. If the defendant didn't commit this particular crime, he did something somewhere, sometime. It was the most unreflective rationalization of suspect profiling I had ever heard. At least until a few weeks ago.

In 1991, I attended the Central Park Jogger trial of three of the five defendants, recently exonerated by DNA evidence implicating a convicted murderer named Matias Reyes, who has confessed to assaulting the jogger by himself. I attended the trial with Kristin Bumiller, a political scientist at Amherst College. Kristin's thoughts about the case are summarized in an anthology titled Feminism, Media, and the Law, edited by Martha Fineman and Martha McCluskey. In it, she analyzes the way the prosecution acted as a very effective scenographer leading the jury through an imagined world of terror-in-the-park, with its own geography, time line and plot.

My own concerns about misconduct in the trial did not find a publisher then. Now, for what it's worth, perhaps it is possible to say that the courtroom mirrored the hysterical atmosphere in the city at large. Lines extended around the block for admission, as though it were a Broadway show. I remember a busload of Italian tourists showing up; they were turned away because the courtroom was full, but the tour guide promised to find them something just as exciting. Rafts of Hollywood celebrities dropped by for a look. (Did anyone pay a whit of attention to the testimony on those days?) Just getting in was like some surreal circus wedding: The press, like family, occupied the front two rows of both sides of the courtroom. (The defendants' actual families, as potential witnesses, were barred from the courtroom.) For all other attendees, the bailiffs would determine at the door whether one was with the prosecution or the defense. When Kristin and I said neither, they seated us on the right, with the prosecution. Some called it the white side. The other side of the courtroom was usually entirely black.

Subscriber Login

4 ISSUES FREE

Subscribe Now!

The only way to read this article and the full contents of each week's issue of The Nation online is by subscribing to the magazine. Subscribe now and read this article -- and every article published since for the past five years -- right now.

There's no obligation -- try The Nation for four weeks free.

.

About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...

Popular Topics
Most Searched

Issues »

Most Emailed

Issues »

Blogs

» Passing Through

Doing More With Less | Youth turnout expectations are higher than ever. So why is funding for young voter mobilization drying up?
Michael Connery

» Capitolism

The Plight Of Iraq's Refugees | The most overlooked story in Iraq.
Christopher Hayes

» Campaign 08

Berlin Cheers Obama's America | In Berlin, Obama reclaims the meaning of freedom and summons JFK's New Frontier.
Ari Berman

» The Dreyfuss Report

Maliki the Thug | He says he wants the US out, but a former Iraqi prime minister has other ideas about Maliki.
Robert Dreyfuss

» The Notion

Fox News Attacked by Rapper, Blackroots & Colbert (Updated) | Fox's worst nightmare: Liberal bloggers and Black hip hop.
Ari Melber

» The Beat

Obama Sets the Right Middle East Peace Timeline | Like Carter, he says he would start working on inauguration day.
John Nichols

» ActNow!

Send Karl Rove to Jail | The former Bush advisor regards the law with contempt, so it's time the law and Congress hold him in contempt as well.
Peter Rothberg

» Editor's Cut

Rethinking Afghanistan | There is no easy answer but we need to think beyond the reflexive response of troop escalation in order to find sane and humane alternatives.
Katrina vanden Heuvel

» And Another Thing

McCain Opposes Contraception -- Pass It On | He's for Viagra and against the pill. Why won't the media cover this important story?
Katha Pollitt