Anatomy of a Murder
Otto Preminger
1959

Anatomy of a Murder is based on the novel by Michigan Supreme Court Justice John D. Voelker under the pen name of Robert Traver. It is based on a case in which Voelker had in fact been the defense attorney. Hence much of the atmosphere and legalistic quality of the book and film is the direct result of the author’s legal background.

Adding to this is the addition force brought to the film by the performance of Joseph N. Welsh as Judge Weaver. Wellsh was in fact the lawyer who represented the Army in the infamous McCarthy vs. the Army hearings and became famous for having asked McCarthy "Have you no sense of decency, sir? At long last, have you left no sense of decency?"

Much of the film is actually filmed in and around the area where the original trial took place.

Anatomy of a Murder is a film in which the topic of rape is approached through a trial and is one of the first films to approach the topic almost clinically. In addition (and perhaps more importantly, it looks at the way in which trials operate and the behind the scenes machinations of lawyers in terms of witness coaching etc.

Anatomy of a Murder is noteworthy for being one of the first films to extensively feature jazz in the musical score – the entire musical soundtrack was composed by Duke Ellington and played by his orchestra. Several of the Ellington band's sidemen, notably Johnny Hodges, Paul Gonsalves, Harry Carney, Russell Procope, and William "Cat" Anderson, are heard prominently throughout the film, and Ellington himself appears briefly as "Pie-Eye," the owner of a roadhouse where Paul Biegler (Stewart) and Laura Manion (Remick) have a confrontation.

Actual rape (which has to be kept apart from a kind of fantasy about rape) is certainly not an act of love or affection but one of violence.

There are many kinds of rape described popularly – date rape, spouse rape, prostitute rape (a term sometimes used by police about prostitutes who report being raped because they didn’t get paid).

Legally, rape comes in a variety of kinds designated by the degree (1st, 2nd, 3rd degree) which are DC and B class felonies). The distinctions are largely about age, mental state or condition. Despite Rhodes Scholar lawyer Bill Clinton’s question “what is sex?” and “What is “is”?” all the definitions legally are spelled out in criminal law. In NY section 130 in the penal code.

Deadly physical force can be used against people committing or attempting to escape from forcible rape (among other things). This varies from state to state and time to time.

A private person acting on his or her own account may use physical force, other than deadly physical force when and to the extent that he or she reasonably believes such is necessary to effect an arrest or to prevent the escape from custody whom he or she reasonably believes to have committed such offense and who in fact has committed such a offense; and may use DEADLY PHYSICAL FORCE for such purpose when he or she reasonably believes such to be necessary to:

(NYS Penal Code Section 35.30 - pp 14-15)

It is only comparatively recently that males were defined as potential victims of rape, although this has been the subject of a number of films such as Deliverance, Fortune in Men’s Eyes and The Rape of Richard Beck to name a few.

The topic of rape has been discussed as both an act of violence and a sex act. The two are not mutually exclusive. If rape is simply an act of violence then it would in a sense be no worse than any other assault, but its sexual nature alters it dramatically.

Another aspect of rape which has been hotly debated is the question of the role of the victim in the act. Some people have argued that the victim in some way, in some instances instigates the event or even knowingly sets up a situation in which a sex act takes place which is later held to be rape. This argument has been made in cases with Mike Tyson and the case of the team that was tried for rape which turned out to be a hoax. The Tawana Brawley case also sparked a controversy about the situation.

Since rape is a criminal act, there is likely to be trial involving the act. Although the trial in Anatomy of a Murder is not a rape trial, rape figures prominently in it.

Two major problems have been raised in the discussion of rape that are relevant here:

the trial exposes many of the problems of legal systems and how it is manipulated by the participents (largey the lawyers) in the case. The trial involves innuendo, concealing information anad revealing information and the kinds of things associated with flirtation and courtship. Compare the innuendoes of May West and the concealment of information by Ed WOod in Glen or Glenda. During the trial words like "prowl" are argued about as are questions of "swiviling hips" and so on. These words have connotations which push the jury in certain directions. Among the other "tricks" that apper in the films are:

Manion and Barney Quill also drink, but not in isolation, but in mixed company. Biegler frinks with McCarthy and at night they erad law together rather than going out on the town, Biegler goes to the Jazz Club largely to find Laura.

McCarthy's drinking (which he stops) contrasts with the man who broke into the house to steal the liquor. McCarthy wants to stop and does, the felon seems to feel the jail time is worth the drink. More importantly, his refusing a lawyer indicates that the right and wrong of what happened can be handled simply (and perhaps more reasonably) without lawyers who are more interested in law than justice.

The judge himself comments on what wakes him up is a good point of law - not a sexy lady!

The Manions somehow a good fit for one another. Lt. Manion possesses Laura and likes to show her off – he recognizes her attractiveness and seems interested in letting people know what has, but resents any real interest in her. She is there to be something of a symbol for him and his ability to have her.

Lt. Manion has a nasty streak and is prone to violence. He has attacked others who show an interest in his wife as well as toward his fellow inmate and especially to his wife whom he has struck on occasion, In fact the film Is ambiguous about whether Laura’s battered condition is the result of Barney Qukll or Frederick Manion. Worse still, it is hard to tell whether or not she is interested in being beaten.

Laura seems to flirt openly as the only way she knows of getting atternion and doesn’t seem to mind if the attention is somewhat violent. Apparently any attention is better than none. We learn she had little attention or affection in her early life.

The film raises the question about whether or not she is responsible for her predicament (Dancer) or not (Biegler). One of the interest of the film is in the nature of the trial process - a point commented on by McCarthy at the ned in his speech about the jury and how it arrives at its decision. The emphasis is on "tricks" played by the competing lawyers whose interest seems to be in winning and not finding out what happened. The youngish Orseon Bean playing the Army psychologist is seen as not having the right kind of German name, or not looking old enough. What he knows is less important than the image. There is every attempt to turn the court into theater, with people playing roles for effect. Thus having Mrs. Manion wear sunglasses and a hat to cover her face and hair allows her to "expose" herself at an appropriate moment to have the right impact on the jury. Each lawyer tries to use her looks to prove their side - Dancer says she flirted and brought on the interest herself; Biegler holds that her husband seeing such beauty beaten clearly was more than just upset.

Additionally Dancer even talks about the theatricality of Mary Pilants dramatic entrance into the court at the last minute.

The film catches the feeling of the lawyers uncovering information and bringing it to light from the very start, by having Biegler return from his fishing trip and go through the house. The camera is placed in dark rooms and Biegler enters and turns the lights on.

Fishing and lures also figure as images of the trial even to the point of the lawyers using the word "fishing" meaning trying to get information and "we're hooked" when Dancer realizes that Biegler knows the citation about irresistible impulse (again implying that he, Dancer, knew the statute all along, but was willing to have a plea changed to guilty if Biegler didn't know it.

The film also visually gives us a great deal of information about Barney Quill, when Biegler visits the Thuder Bay Inn and looks at all the sharp shooter awards and newspapers articles on the wall. These are never mentioned until Biegler brings the question up in court, but the audience already knows where the information came from.

In a final sense there is an underlying parallelism between sex and the legal process in What is hidden and what is not? Did Laura really lead Barney Quinn on? Was it really rape? Did her husband beat her, not Barney? The asnwers to these questions are never revealed.

Anatomy of a Murder
Otto Preminger
1959

Anatomy of a Murder is based on the novel by Michigan Supreme Court Justice John D. Voelker under the pen name of Robert Traver. It is based on a case in which Voelker had in fact been the defense attorney. Hence much of the atmosphere and legalistic quality of the book and film is the direct result of the author’s legal background.

Adding to this is the addition force brought to the film by the performance of Joseph N. Welsh as Judge Weaver. Wellsh was in fact the lawyer who represented the Army in the infamous McCarthy vs. the Army hearings and became famous for having asked McCarthy "Have you no sense of decency, sir? At long last, have you left no sense of decency?"

Much of the film is actually filmed in and around the area where the original trial took place.

Anatomy of a Murder is a film in which the topic of rape is approached through a trial and is one of the first films to approach the topic almost clinically. In addition (and perhaps more importantly, it looks at the way in which trials operate and the behind the scenes machinations of lawyers in terms of witness coaching etc.

Anatomy of a Murder is noteworthy for being one of the first films to extensively feature jazz in the musical score – the entire musical soundtrack was composed by Duke Ellington and played by his orchestra. Several of the Ellington band's sidemen, notably Johnny Hodges, Paul Gonsalves, Harry Carney, Russell Procope, and William "Cat" Anderson, are heard prominently throughout the film, and Ellington himself appears briefly as "Pie-Eye," the owner of a roadhouse where Paul Biegler (Stewart) and Laura Manion (Remick) have a confrontation. Law as sex

the trial exposes many of the problems of legal systems and how it is manipulated by the participents (largey the lawyers) in the case. The trial involves innuendo, concealing information anad revealing information and the kinds of things associated with flirtation and courtship. Compare the innuendoes of May West and the concealment of information by Ed WOod in Glen or Glenda. During the trial words like "prowl" are argued about as are questions of "swiviling hips" and so on. These words have connotations which push the jury in certain directions. Among the other "tricks" that apper in the films are:

Manion and Barney Quill also drink, but not in isolation, but in mixed company. Biegler frinks with McCarthy and at night they erad law together rather than going out on the town, Biegler goes to the Jazz Club largely to find Laura.

McCarthy's drinking (which he stops) contrasts with the man who broke into the house to steal the liquor. McCarthy wants to stop and does, the felon seems to feel the jail time is worth the drink. More importantly, his refusing a lawyer indicates that the right and wrong of what happened can be handled simply (and perhaps more reasonably) without lawyers who are more interested in law than justice.

The judge himself comments on what wakes him up is a good point of law - not a sexy lady!

The Manions somehow a good fit for one another. Lt. Manion possesses Laura and likes to show her off – he recognizes her attractiveness and seems interested in letting people know what has, but resents any real interest in her. She is there to be something of a symbol for him and his ability to have her.

Lt. Manion has a nasty streak and is prone to violence. He has attacked others who show an interest in his wife as well as toward his fellow inmate and especially to his wife whom he has struck on occasion, In fact the film Is ambiguous about whether Laura’s battered condition is the result of Barney Qukll or Frederick Manion. Worse still, it is hard to tell whether or not she is interested in being beaten.

Laura seems to flirt openly as the only way she knows of getting atternion and doesn’t seem to mind if the attention is somewhat violent. Apparently any attention is better than none. We learn she had little attention or affection in her early life.

The film raises the question about whether or not she is responsible for her predicament (Dancer) or not (Biegler). One of the interest of the film is in the nature of the trial process - a point commented on by McCarthy at the ned in his speech about the jury and how it arrives at its decision. The emphasis is on "tricks" played by the competing lawyers whose interest seems to be in winning and not finding out what happened. The youngish Orseon Bean playing the Army psychologist is seen as not having the right kind of German name, or not looking old enough. What he knows is less important than the image. There is every attempt to turn the court into theater, with people playing roles for effect. Thus having Mrs. Manion wear sunglasses and a hat to cover her face and hair allows her to "expose" herself at an appropriate moment to have the right impact on the jury. Each lawyer tries to use her looks to prove their side - Dancer says she flirted and brought on the interest herself; Biegler holds that her husband seeing such beauty beaten clearly was more than just upset.

Additionally Dancer even talks about the theatricality of Mary Pilants dramatic entrance into the court at the last minute.

The film catches the feeling of the lawyers uncovering information and bringing it to light from the very start, by having Biegler return from his fishing trip and go through the house. The camera is placed in dark rooms and Biegler enters and turns the lights on.

Fishing and lures also figure as images of the trial even to the point of the lawyers using the word "fishing" meaning trying to get information and "we're hooked" when Dancer realizes that Biegler knows the citation about irresistible impulse (again implying that he, Dancer, knew the statute all along, but was willing to have a plea changed to guilty if Biegler didn't know it.

The film also visually gives us a great deal of information about Barney Quill, when Biegler visits the Thuder Bay Inn and looks at all the sharp shooter awards and newspapers articles on the wall. These are never mentioned until Biegler brings the question up in court, but the audience already knows where the information came from.

In a final sense there is an underlying parallelism between sex and the legal process in What is hidden and what is not? Did Laura really lead Barney Quinn on? Was it really rape? Did her husband beat her, not Barney? The asnwers to these questions are never revealed.