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Culture War Roundup for the week of June 12, 2023

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Was 1996 Alabama really THAT racist? Would the random average white person in Alabama at that time be considered racist enough by default that they would automatically side against any black defendant? Were there enough real, true, hardcore racists that the KKK could field 100+ protesters at a big racial trial?

I'm not sure that the movie is supposed to be set in 1996: the jury selection in particular only really makes sense either before Batson or in an alternate universe where it never happened.

That said, while the KKK (or connected actual-fascist networks) had lost much of their ability to bring out attendees by the mid-90s, one of the bigger offshoot's national headquarters was in Tuscarolla Alabama until they lost it in a court case in the late 1980s, and they could get 50+ members to a Northern rally as late as 1997.

If it's intended to be in the mid-1980s, it probably is trying to draw comparisons more akin to 1987, where 400 and 1000 "counterprotesters" (not all KKK, but enough to start violent fights). The aftermath of the civil suits from that era was a lot of what broke what little institutional support and administrative power remained for the KKK and other related groups.

I don't have great info on whether 1990s or 1980s white jurors would necessarily side against an African-American man regardless of the evidence in Alabama -- it's kinda overlooked but Batson did actually plea guilty and probably did do the thefts in that case -- but in a case like this one where the defendant unquestionably committed the acts I think the question of sympathy would be more relevant. (Though I am pretty skeptical that the jurors would have been as blatantly racist: it's also notable that in the original book, the "now imagine she's white" came from a juror. While Grisham made the whole story up wholesale that's what he believed what plausible for 1984.)

How differently, if at all, would such a trial be perceived today?

Preeettty heavily.

What is a proper punishment for the father, if any?

The ricochet on the police officer would be pretty conventional assault in the first degree in Alabama, a Class B Felony. There's not much specific sentencing guidelines for Alabama, but "Not less than two (2) years and not more than twenty (20) years imprisonment in the state penitentiary, including hard labor and may include a fine not to exceed $30,000." seems like a reasonable band. Given the severity of the injury (the officer loses a leg) and its forseability (the shooter had no backstop, in a crowded environment), I'd error on the higher side, but the victim's forgiveness makes me hesitant to say the highest side.

For the rapists... I've spoken about the risks of "needed killing" being a meaningful defense, but the flip side of that is that some people... well, I would be quite happy if they repent their ways and work the rest of their lives to try to pay for the evil they've done... but I'm not optimistic. I'd prefer clean cases of self-defense or defense-of-others, more significantly because they protect victims, but also for philosophical reasons. But I'm hard-pressed to believe it'd be possible for the father in this situation to have done something wrong, rather than merely not maximally laudable.

The flip side is that one of the serious dangers to vigilantism is getting it wrong. It's easy in a movie, where we 'know' what happened at the crime, but that's not how the world works. And homicide doesn't have a statute of limitations. This combination has some bad policy ramifications -- it's 'better' to try and find not-guilty a good man, and worse to try a case that risks having jeopardy attach before information shakes loose -- but I'm not sure there's a better one.

I'm not sure that the movie is supposed to be set in 1996: the jury selection in particular only really makes sense either before Batson or in an alternate universe where it never happened.

Per the novel's Wikipedia page, the events are set in 1984, two years before Batson.

...and I see that you sort of mention that with "plausible for 1984".

Yeah, apologies, should have spelled that out. The movie is based on a book published in 1989, which itself claims it was 'inspired by' a case that John Grisham had seen in 1984, though very few details or even broad strokes actually matched.