In a bravura performance that ranges from Aaron Burr to O. J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial's role as a legal proceeding? Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them-and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be seen to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media. The Trial in American Life weaves Ferguson's deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance. "A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission."-Judge Richard Posner "A noted scholar of law and literature, Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media's obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time."-Library Journal, starred review
While perusing the rack of "new books" at my local library the other day I came across Robert Ferguson's new book "The Trial In American Life". Ferguson is the Edward Woodberry Professor of Law, Literature and Criticism at Columbia University and as such is uniquely qualified to tackle this subject matter. This sounded like a very promising topic to me and as I scanned the table of contents I became quite excited. In what other book could you find a summary and analysis of some of the most historic and significant trials in the history of the republic all in once place??? I immediately checked this book out. I could not wait to get started. "The Trial in American Life" spends a considerable amount of time focusing on a handful of the most high profile trials in our nations history. Aaron Burr was one of the Founding Fathers and served one term as Vice President of the United States. His fall from grace was spectacular even though he was ultimately acquitted of the charge of treason. You will come to see the wisdom in the way Chief Justice John Marshall handled this highly controversial case. Next, Robert Ferguson dissects for us the trial of John Brown who led the raid on the federal arsenal at Harpers Ferry. Many consider this action to be the opening salvo of the Civil war! It had been more than half a century since the trial of Aaron Burr. More than most, John Brown seemed to understand the influence and power of newspaper and magazine coverage of his trial. Some would say he played the media like a fiddle to get his most salient points across to the American people. See what you think. As an aside you might also be surprised to learn of the true origins of the popular song "John Brown's Body". Needless to say the true story is quite different from the conventional wisdom. In a subsequent chapter Ferguson tackles the trial of Mary Surratt who was implicated in the conspiracy to assasinate President Lincoln. Mary Surratt would be found guilty and become the first woman in the history of the United States to be executed. Yet most historians are convinced that she was innocent. A careful reading of this chapter will afford the reader an understanding of how such a travesty of justice could have taken place in this country. Finally, Ferguson discusses the tragic events in 1886 at Haymarket Square in Chicago and concludes with an analysis of the Rosenberg trial in 1951. Again, it is impossible to underestimate the influence exerted by the American media in each of these tragic cases. Robert Ferguson offer his readers much food for thought in his analysis of each of these proceedings. In the final third of "The Trial in American Life" Ferguson discusses trials in the television age. There is seemingly much to worry about here and the potential for abuse is tremendous. However, televised trials and 24 hour cable channels are realities that are simply not going to go away any time soon. Robert Ferguson offers a number of practical suggestions to hel
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