In Cold Blood
Novel by Truman Capote.
I’ve chosen the book In Cold Blood by Truman Capote for the topic of discussion for PART2. It is the story that recounts the true story of the 1959 murder of the Clutter family in Kansas, and the following investigation trial and finally the execution of the killers, Richard Hickock and Perry Smith. Although it recounts a true story, but it is told through a fictional way, through a story. So I consider it to be a fictional work to some extent.
The main legal issue presented in In Cold Blood revolves around the criminal justice, specifically the investigation and trial of the two men accused of murdering the Clutter family. Their trial raises interesting questions that I would like to discuss about the death penalty, mental health in criminal proceedings and fairness in legal representation.
This book can be interpreted through the lens of Legal Realism in my opinion. Legal realism emphasizes the social, political, and personal factors that influence judicial decisions, rather than viewing the law as a set of rigid, abstract rules. In the trial of Hickock and Smith, the novel explores how personal biases, mental health considerations, and societal attitudes toward capital punishment played roles in the final outcome. The case was not just about applying statutory law but also involved navigating broader societal and emotional contexts.
For instance, Hickock and Smith’s legal defence could argue mental incapacity, but the death penalty is pursued despite these mitigating factors. The portrayal of the legal process emphasizes that judicial decisions often reflect more than the simple application of law, they are very much influenced by human judgement, societal fears and emotional responses to crime.
So, in more detail, Perry Smith, one of the murderers, is portrayed as deeply troubled with a history of childhood trauma and possible mental illness. His unstable mental state could have been a significant mitigating factor in the trial, but it was largely overlooked due to the social and legal context of the time. This reflects legal realism by showing how the law can be applied differently based on societal attitudes toward mental health and criminal behaviour, particularly in the 1960s, when such considerations were not as prominent in criminal defense strategies as they are today.
Also, The pursuit of the death penalty for Hickock and Smith is another example of legal realism. The trial takes place in a conservative rural community that overwhelmingly supports capital punishment for such heinous crimes. This reflects how community attitudes and political pressures can shape legal outcomes. The decision to impose the death penalty was influenced by the need to satisfy public outcry rather than an objective assessment of whether justice was truly served by the punishment. This aspect of the story emphasizes the realist perspective that law is not just a set of rules, but is affected by social factors like the community’s desire for justice or retribution.
The investigation leading to Hickock and Smith’s arrest also reflects legal realism. The narrative suggests that the law enforcement officers were not just following procedural steps, but were also influenced by the pressure to solve the case quickly. Capote’s portrayal of the investigation shows how legal decisions and actions are influenced by human judgment, biases, and external pressures to maintain order and public safety. The legal process here is not detached or purely technical; instead, it reflects the pragmatic realities that law enforcement and the courts face when dealing with serious crimes in a community.
In legal realism, this situation highlights that legal decisions are not purely objective but are influenced by subjective factors, such as the public’s desire for retribution and the limitations of the legal system in considering mental health issues.
Legal realism is reflected in how Capote portrays the lawyers, the jury, and judges in making decisions based on personal perspectives and the cultural context of the time. The idea that law is shaped by external forces, rather than simply derived from abstract legal principles, fits into the framework of legal realism.
In all these examples, In Cold Blood demonstrates how legal realism operates in the real world—legal decisions are not made in isolation from societal pressures, public opinion, and individual biases. The book shows that the law is applied in a way that reflects the social, political, and psychological realities of the time, rather than being a strict, detached interpretation of written rules.
By emphasizing these external factors, Capote’s portrayal of the justice system exemplifies the principles of legal realism.
I chose the book In Cold Blood by Truman Capote for my discussion. It tells the true story of the 1959 murder of the Clutter family in Kansas and follows the investigation, trial, and execution of the killers, Richard Hickock and Perry Smith. Even though it’s based on real events, the way the story is told feels fictional, so I’m treating it as a mix of fiction and non-fiction for this discussion.
Main Legal Issue:
The central legal issue in the book is the criminal justice process, focusing on the investigation and trial of the two men accused of murder. It raises questions about the fairness of the death penalty, how mental health plays a role in court, and whether the legal representation was fair.
Legal Realism:
I believe the book can be understood through legal realism. Legal realism argues that law isn’t just about applying rules but also influenced by society, politics, and personal beliefs. In the case of Hickock and Smith, their trial shows how these factors affected the legal outcome. It wasn’t just about following the law but also dealing with the emotional and societal context around the crime.
For example, Perry Smith had a difficult childhood and possible mental health issues, which could have been important in his defense. However, these factors were largely ignored because of the legal and social attitudes of the time. This shows how the law can be shaped by society’s views on mental health and criminal behavior, especially in the 1960s when these issues were less commonly considered.
Death Penalty:
The pursuit of the death penalty for Hickock and Smith is another example of legal realism. The trial took place in a conservative rural area where most people supported the death penalty for such serious crimes. This community attitude and pressure influenced the decision to seek the death penalty, not just whether it was fair under the law. It reflects how public opinion and social forces can shape legal decisions, not just written rules.
Police Investigation:
The investigation leading to Hickock and Smith’s arrest also shows legal realism. Law enforcement was under pressure to solve the case quickly due to the serious nature of the crime and the fear it caused in the community. This pressure may have influenced how they handled the case, demonstrating how external factors like public safety can impact the legal process.
Conclusion:
Legal realism is reflected in how Capote portrays the lawyers, the jury, and judges in making decisions based on personal perspectives and the cultural context of the time. The idea that law is shaped by external forces, rather than simply derived from abstract legal principles, fits into the framework of legal realism.
In Cold Blood is a strong example of how legal realism works in practice. Decisions in the book weren’t just based on strict legal rules but were shaped by human judgment, societal fears, and external pressures. Capote’s portrayal shows that the law reflects the social, political, and emotional context of the time, not just abstract legal principles.
This book emphasizes that the legal system doesn’t operate in a vacuum; it’s deeply influenced by the world around it, which is exactly what legal realism suggests.