In Harper Lee’s novel, “To Kill a Mockingbird” a complex trial of a black man accused of rape is depicted. An event which illustrates a moral, ethical and legal conundrum which is presented to the Maycomb, Alabama society of the 1930’s in the context of the discriminatory ‘Jim Crow Laws’ which were in place. This essay will argue that Atticus Finch demonstrates the virtues of positive law theorists as he separates the necessity of morality to justify a law as legitimate. This attribute explains why he is an exemplary lawyer. This essay also shows that it is not the laws themselves which were immoral but rather the enforcement of these laws based on the racist society of the time. The novel takes place in a time after the inception of the National Association for the Advancement of Coloured People (NAACP) which is an African-American civil rights organisation established in 1909. It aims to fortifying all people with the right to the 14th Amendment to the United States Constitution (1787). The 14th Amendment took effect on July 9, 1868 and provides that all American citizens are entitled to equal protection of the law. It is thus clear that Atticus was acting within and according to the law by providing Tom Robinson with a full defence and refusing to allow himself to be influenced by social …show more content…
Atticus ultimately discredited the state’s evidence and raised reasonable doubt as to whether Tom raped Mayella Ewell thus preventing the state from discharging its burden of proving the offence was committed beyond a reasonable doubt. It is further clear that Tom was found to be guilty due to the jury’s racially biased and preconceived notions. Atticus’ reaction of contempt and disappointment shows that he is aware of this immoral act but he accepts the ruling nonetheless as law showing he is a
Atticus had enough evidence to prove to the Jury that Tom’s right arm did not work and that would mean that Tom could not have pulled Mayella to the ground and bruised her as the policeman described. The crowd was surprised but the Jury and the Judge did not believe Atticus’s evidence. They were prejudiced and if Atticus came up with the best possible explanation the Judge still believed the Ewell family and they did not come up with a reasonable explanation about Tom. “As you grow older, you’ll see white men cheat black men every day of your life, but let me tell you something and don’t you forget it whenever a white man does that to a black man, no matter who he is, how rich he is, or how fine a family he comes from, that white man is trash” (Atticus) chapter 23. Prejudice hurts people who are black and people who were different and young
Almost everyday one decides to sacrifices an aspect of their life, but is limited to only so many on their behalf of their morals. In the novel To Kill a Mockingbird by Harper Lee, Atticus Finch and Jem Finch sacrifice their identities, perspectives, well being, and time for their beliefs. The book takes place during the great depression where racism is a normal day to day behavior. Atticus is a lawyer who is assigned to take on a case defending Tom Robinson who is an african american man accused of rape. While knowing that the usual act of a lawyer being appointed to defend an african american, during the great depression, is to not try to defend the defendant at all, Atticus believes that he should give the same amount of effort to defend Tom Robinson as he would to a
One of the things that Atticus says to the people of the court is that “ she tried to put away her evidence of her offence away for her but in this case, she was no child hiding stolen contraband: she struck out her victim of necessity she put him away from her -he must be removed from the presence of the world.” What Atticus is trying to say here is that if Tom was not a black man then this case would not be going on but because he is black there is a case on to prove he really did rape Mayella Ewell. Another thing that Atticus said is that “her father saw it”. What Atticus is trying to say here is that if Bob Ewell saw the rape then why would he not chase after Tom Robinson or call the doctor before he even called the cops. If she had been raped the first thing that Bob should have done would be to call the doctor for the bruises she got during the attack. This case should not even be going on here because both of the people that say that Tom Robinson raped Mayella Ewell where both racist so you can’t really tell if they are really telling the truth about if Tom Robison really do this horrible crime
Caldwell, Malcolm. “The Courthouse Ring: Atticus Finch and the Limits of Southern Liberalism.” Harper Lee’s To Kill a Mockingbird: New Essays. Meyer, Michael J. Lanham, Md: Scarecrow Press, 2010. 57-65. Print.
Yet he took the case with no hesitation. Atticus knows the difference between what is fair and what is true justice. He is well aware that whites and blacks have many differences with one another, but is also educated enough to know that there truly is no diversity in equity, and tries to teach everyone including his children this. ”You never really understand a person until you consider things from his point of view- until you climb into his skin and walk around it.(30)” Atticus is encouraging Scout to respect everyone and consider their true potential without considering false accusations in this quote. He applies what he teaches to his children to the people attending the Tom Robinson trial. Atticus is just one man, but with an unprecedented amount of sense of pride, intelligence, and justice. He reflects the image of the town’s people by showing them what they’ve allowed themselves to become based on their beliefs. He genuinely expresses their deepest consternation. In this quote he tells the audience what they are afraid to hear, but need to hear, “She was white, and she tempted a Negro. She did something that in our society is unspeakable: she kissed a black man. Not an old uncle, but a strong young Negro man. No code mattered to her before she broke it, but it came crashing down on her afterwards.(272)” After stating his point and releasing the profound truth Atticus causes for Mayella and Bob Ewell to lose their composure. Nevertheless people of most of the white people of Maycomb continue to refuse to believe that a white woman kissed a black man. But they undoubtedly believe that a black man with a useless left hand beat and raped an “innocent” white woman. Atticus could have predicted the outcome from before he even took the case and refused to defend Tom Robinson. But he
Throughout the novel To Kill A Mockingbird, Atticus Finch was put to the test to defend juvenile Tom Robinson, an African American falsely accused of raping a white woman. Atticus fought long and hard and had he and Tom Robinson been guaranteed the right to a fair trial, they would have won. Atticus’s closing argument rendered countless pieces of evidence and did in fact catch the attention of the jury; but even in the beginning, the decision was clear. Although Atticus lost the trial, his argument was effective due to his excessive use of Aristotelian techniques.
Having grown up in the home of a lawyer, Jem understands the ways of the courtroom and recognizes Atticus’ behavior in court. When Tom Robinson is put on trial for being accused of raping Mayella Ewell, Atticus is appointed his attorney. As questioning continues, Atticus blatantly proves it was impossible for Tom to even commit the crime. Jem says to Reverend Sykes, "...don't fret, we've won it....Don't see how any jury could convict on what we heard" (Lee 279). Jem’s response to Reverend Sykes comment
“You never really understood a person until you consider things from his point of view—until you climb into his skin and walk around it.” Atticus Finch is a man of extreme integrity. He, as both a lawyer and a human being, stands up for his democratic beliefs and encourages his children to stand up for their own, though they may stand alone. Harper Lee showed how far respect went in To Kill a Mockingbird when Atticus defended Tom Robinson in his rape trial. He did not think twice about being ridiculed by th...
In a desperate attempt to save his client, Tom Robinson, from death, Atticus Finch boldly declares, “To begin with, this case should never have come to trial. This case is as simple as black and white” (Lee 271). The gross amounts of lurid racial inequality in the early 20th century South is unfathomable to the everyday modern person. African-Americans received absolutely no equality anywhere, especially not in American court rooms. After reading accounts of the trials of nine young men accused of raping two white women, novelist Harper Lee took up her pen and wrote To Kill a Mockingbird, a blistering exposition of tragic inequalities suffered by African Americans told from the point of view of a young girl. Though there are a few trivial differences between the events of the Scottsboro trials and the trial of Tom Robinson portrayed in To Kill a Mockingbird, such as the accusers’ attitudes towards attention, the two cases share a superabundance of similarities. Among these are the preservation of idealist views regarding southern womanhood and excessive brutality utilized by police.
This man is unfortunately victimized since his society does not believe he is innocent due to the color of his skin. Being the black man that Tom is, it is clear that “Tom was a dead man the minute Mayella opened her mouth and screamed” (241). There is no way that a black man’s words would override the voice of a white person. No testimony, evidence or speech can help Tom prove he is not guilty. Atticus understands that Tom is victimized by racism, so he explains: “When it’s a white man’s word against a black man’s, the white man always wins” (220).
People are responsible for acting according to their conscience. The justice system was created in order to be our aid in making moral and ethical decisions, but when the Justice system fails, we should still be able to follow our conscience to make the right the decision. In Harper Lee’s novel “To Kill a Mockingbird,” one of the characters, Atticus Finch, helps not only characters in the book, but the readers, understand that the legal system does not always serve justice, in fact, the legal system only is as moral and just as the community it serves. In the town of Maycomb, just like many towns in the American south during the 1930s, racism as a personal feeling and racism as a cultural, legal, and economic institution are practically one
These injustices have begun long before Tom’s trial, but it is his trial which epitomizes the problems with our society. The first witness was simply just a misguided fellow named Heck Tate who it seems didn’t have much to offer to the case. Next, Atticus Finch called Bob Ewell to the stand. When I saw Ewell take the stand such a fierce hatred rose within me that I began to shake and tremble. Ewell wrongfully accused Tom of raping his daughter Mayella, however, with the grace of God, Atticus Finch had shown that it was very possible that it was Bob Ewell who because he was a lefty could have beat Mayella. If it were not for great men like Atticus Finch I would have lost all hope for this world. As I watched Mayella take the stand I wondered how such a kind looking person could be someone of such poor character. Her words seemed to paint a picture of a sad life; one where a father neglects her and she has fallen under hard times. Atticus, after pointing out it was probably Bob who beat her, asked Mayella who it really was that beat her. Mayella made it clear it was Tom Robinson, upon which Atticus asked Tom to stand. To the astonishment of the court Tom was handicapped! Tom was then called to the stand where he laid open for all to see the truth, explaining that it was Mayella who came on to him (that treacherous woman!). Soon enough the trial ended and every one awaited the verdict of the jury. The next few hours were the most nerve wracking of my life.
Atticus was a man of strong morals and conscience and in ‘To Kill a Mockingbird’, had to overcome the backlash and hate from defending Tom Robinson. With what seemed to be the majority of Maycomb County against him and his own safety at stake, Atticus knew that he couldn’t win the trial. Yet accompanied by his rationality, good ethics and determination he overcomes the trial. It is not the desired ending, but for his efforts in the trial, Atticus gains the respect of the black community and the respect of others in Maycomb by following through and overcoming the challenges that followed the
Johnson, Claudia. "The Secret Courts of Men's Hearts: Code and Law in Harper Lee's To Kill a Mockingbird." Studies in American Fiction (1991):129-139.
"The only thing we've got is a black man's word against the Ewells'. The evidence boils down to you-did-I-didn't. The jury couldn't possibly be expected to take Tom Robinson's word against the Ewells,'" Atticus solemnly explains this to his brother. First of all, Atticus demonstrates courage when he undertakes the task of defending Tom Robinson, a black man wrongly accused of rape. Atticus knows he won't win the case and like Mrs. Dubose in her battle against morphine, he is "licked" before he begins. Nevertheless, Atticus knows that Tom is innocent and that he must fight for him, since no one else will. Atticus's strong sense of morality and justice motivates him to defend Tom with vigor and determination, giving it all he's got with one mission in mind. He wants the people of Maycomb town, whether they believe it or not, to hear the truth about Tom, "That boy might go to the chair, but he's not going till the truth's told"