Last week, in a sickening spectacle, grownups behaved as though a vague, wholly unproven story involving teenagers 30+ years ago is relevant to whether a candidate is fit to be a US Supreme Court judge.

Nine years ago, in the early months of this blog, I wrote a post titled Global Warming and ‘My Cousin Vinny.‘ An American Bar Association publication had recently ranked this 1992 Hollywood comedy third among “the 25 greatest legal movies.”

It contains, said the lawyers, the “best-ever introduction to the rules of criminal procedure.” In other words, it brilliantly dramatizes the importance of following strict rules whenever accusations of a criminal nature are leveled.

These rules are the best way we have to sort wheat from chaff. Before society punishes someone, there must be genuine evidence of that person’s guilt. There must be cold, hard facts.

Many people have the ability to tell persuasive stories. Some of them are natural or trained performers/actors. Some are natural or trained salespeople. Others may have formally studied psychology, hypnotism, or the principles of persuasion.

Stories are not facts. My Cousin Vinny demonstrates that every trial begins with a prosecutor presenting a persuasive story. The question is whether that story holds up under vigorous cross-examination.

In the film, the case against two young men appears damning. Three eye-witnesses, who have no reason to lie, insist these men murdered a convenience store clerk.

But all it takes is a few pointed questions to cast matters in an entirely different light. Via cross-examination, the defense lawyer establishes that one of the witnesses is mistaken about the timing of events, the second had his view obstructed by trees and a dirty window, and the third suffers from impaired vision.

Astonishingly quickly, the apparently open-and-shut case evaporates. A convincing story is utterly discredited.

Last week, a sickening spectacle took place in the United States. Grownups behaved as though a vague, wholly unproven story involving teenagers 30+ years ago is relevant to whether a candidate is fit to be a Supreme Court judge.

The accuser told a story. Many people, including professional journalists, announced that they believed this story and that the judge should therefore be disqualified.

In a civilized society, we do not burn witches – and we do not punish people on the basis of stories.

LINKS:

My Cousin Vinny

• The Innocence Project – 278 wrongful sex crime convictions
• most mainstream media coverage of the Christine Ford/Brett Kavanaugh affair is spectacularly biased. In this Toronto Star article, for example, written by the newspaper’s Washington Bureau Chief, she is described as poised and precise. He is described as furious, belligerent, aggressive, and partisan. Below, therefore, are links to some alternative perspectives concerning this shameful episode. Since a great deal of attention has been paid to the gender of various participants in this drama, it’s worth noting that most of the articles below are written by women.
• The showtrial of Brett Kavanaugh (Joanna Williams, Spiked)
• ‘False Memories’ Are More Common Than You Think (Madeleine Kearns, National Review)
• Due process reflects human nature and it is our best chance for fairness (Wendy McElroy, The Hill)
• Kavanaugh accuser believable, but can’t corroborate her story (Debra Saunders, Las Vegas Review Journal)
• Kavanaugh more about politics than truth and justice (Candice Malcolm, Toronto Sun)
• America’s revolutionary moment (Melanie Phillips, MelaniePhillips.com)
• Kavanaugh case the ultimate weaponisation of metoo (Miranda Devine, Daily Telegraph)
• I’m a Liberal Feminist Lawyer. Here’s Why Democrats Should Support Judge Kavanaugh (Lisa Blatt, Politico.com)
• 200 Women Testify to Kavanaugh’s History of ‘Treating Women With Respect,’ Going Back to High School (Tyler O’Neil, PJmedia.com)
• Emmett Till and #metoo (John Davis, Medium.com)
• Women, like men, lie on occasion, even about sexual assault (Brendan O’Neill, The Australian)

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