The true crime genre has been captivating American audiences for a very long time. Edmund Pearson wrote a series of popular true crime books in the early part of the 20th century, most notably about the Lizzie Borden murder case. Truman Capote brought the genre to a new level of popularity in 1966 with his nonfiction novel, In Cold Blood.
Today, we have several TV shows, books and movies that take on murder mysteries and the trials that follow. Two standouts in this genre, the podcast Serial and the documentary series Making a Murderer, were unique in the fact that they explored not only crimes, but also the criminal justice system in the United States.
For many Americans, these shows have provided a way to view our criminal justice system from a new perspective, one that appreciates the complex and sometimes questionable way in which we treat those accused of a crime in our country.
5 Lessons We Can Learn from These Documentaries
Narrative is Everything
Some criticized the tone of Making a Murderer and felt that it favored the defendant, although this really reflects the challenge that many defense attorneys have faced before a trial begins, especially in highly publicized trials. For example, if the prosecution can tell their narrative of a case to the press, like prosecutor Ken Kratz did in Making a Murderer, and that narrative informs the press coverage, public opinion can be swayed, making the process of jury selection particularly challenging.
The Defense Attorney is Vital, but It’s Not the Only Factor
In Making a Murderer, the attorney of the younger defendant, Brendan Massey, shocked viewers by representing his client in a manner that almost seemed to help the prosecution. This highlighted the fact that choosing the wrong attorney can have a very detrimental impact on a defendant’s case. Yet, Steven Avery – the defendant who was the focus of the series – had two very capable, even impressive defense attorneys, and still received an unfavorable verdict. This tells us that the skill and dedication of the person representing a defendant plays a huge role, though it is only one factor.
The Answers Aren’t Always Clear
In Serial, host Sarah Koenig exhaustively explored many avenues of one single case, including interviews, transcript analysis and consultations with legal experts, yet at the end of the day, even she wasn’t sure what she thought had actually happened. While many Americans come to think of a jury’s decision as some sort of definitive truth, the reality is that many trials become focused on more legal-centric issues, such as reasonable doubt. It’s why you probably have heard so many people come to the same conclusion at the end of both of these series: “I still don’t know if the guy did it, but I don’t think he should have been convicted.”
A Person’s Background Can Be Used Against Them
In Serial, the issue of the defendant’s race and religious background was central to how he was perceived during his trial. The defendant in Making a Murderer came from a background that also made it more challenging for him to be given a fair chance in a courtroom. An incredible number (up to 80 percent) of people who go through our criminal justice system are indigent – meaning that they cannot afford an attorney and often get assigned a public defender. This fact is reflected in one of the challenges inherent in our system, in that people who are at a disadvantage in life are often at a disadvantage in the courtroom, too.
People Should Retain a Skilled Defense Attorney As Soon As Possible
When the young defendant in Making a Murderer was taken in for questioning, he was subjected to a lengthy interrogation in which he essentially told the authorities what they wanted to hear, which ended up becoming a false confession. The police and the prosecutors have a job to do, and that job means that they are aggressive in their pursuit of confessions or statements that can be used against a defendant during a trial. For a defendant, submitting to these interrogations can have terrible consequences that put them at a disadvantage before the process of a trial even begins. This is one of the many reasons that a person should call an attorney immediately, even if they have yet to be accused of or arrested for a crime.
The true crime genre has finally started to explore some of the flaws in our criminal justice system and raise public awareness about its shortcomings. Hopefully, this will also lead to greater understanding by our citizens of the challenges that lay in front of us.
If you find you or a loved one charged with a crime contact our attorneys for help. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today.
