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TO KILL A MOCKINGBIRD

- Submitted to Prof. Ramin Jahanbegloo

“The one thing that doesn’t abide by majority rule is a person’s conscience”

- Harper Lee

Released in 1962, To Kill A Mockingbird is an American drama movie directed by Robert

Mulligan. The screenplay executed by Horton Foote is based on a 1960 Pulitzer Prize winning

novel with the same name by Harper Lee. The movie stars Gregory Peck (as Atticus Finch). The

layman may call this movie as “courtroom drama” but that would be selling the film short in so

many fields such as scope, thematic content, tone, etc. It features a lengthy Courtroom scene,

however that may be the at the heart of movie’s story, it is just one of many moments, that taken

collectively makes this movie that it is. Even in today’s world there are ‘n’ number of Civil Rights

injustices taking place globally, however these are nothing if compared to the event that were

occurring when the movie production commenced.

The early 1960’s is considered to a powder keg, with acts of racial hatred and bigotry

seasoning the evening news as Civil Rights was gaining momentum. For a movie to be as

unflinching and transparent as this one to be released in those turbulent times in theaters was

nothing short of astounding, this movies tackles prejudice head-on and depicts that justice in not
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color-blind.1 The movie’s storyline is in the 30’s, as turbulent the political scenario was in 60’s, it

was worse in 30’s which is when the movie’s storyline is set. The events take place in a small tow

of Maycomb in Alabama over the span of a year and above. Atticus Finch is a principled lawyer

with unimpeachable ethics. If there were more attorneys like him, the Law could indeed be

considered a noble profession. As a widower, Atticus has the responsibility of his Son, Jem (10)

and Daughter, Scout (6) on his shoulders. The duo are ordinary children spending most of their

time playing and studying, going to school etc. The duo is illustrated to have a weird fascination

towards Radley house located at the end of the street. This house belonged to mysterious Boo

Radley, he is the local boogeyman, a figure about who, a monstrous legend persists and moreover,

who never leaves his house. All the stores about Boo equally attracted and frightened the duo.

The gist starts when Atticus Finch decides to represent Tom Robinson, a black man

wrongfully accused of raping a white woman. Some of the townsfolk turn against him, especially,

the racist father of the alleged victim, Bob Ewell. Unlike the rest of the Maycomb, Tom’s case to

Finch was about justice not race or skin color.

The South at that time was everchanging, the number of men like Ewell had exponentially

increased, who saw blacks as abominations. Although in the movie Atticus submits a strong

defense to prove Tom’s innocence, to prove that no rape occurred. Instead it was Maybelle, the

alleged victim who came to Robinson, that he tried to resist, that Ewell beat his daughter because

she was attracted to a black man. Gregory Peck’s best scene was Finch’s submission to the jury

but the all-white jury hold Tom guilty anyway. Justice remains not served and a tragedy result2.

The verdict was followed by an uncanny wave of silence. Neither voices of celebration nor the

1
"TO KILL A MOCKINGBIRD (A)". British Board of Film Classification. December 20, 1962. Retrieved December
25,2015.
2
www.rogerebert.com/reviews/to-kill-a-mockingbird-2001
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cries of protest, the courtroom gallery was quiet. While the whites fled quickly the black remained

and honoured Finch’s effort as he exited the scene. Tom was accused of raping and beating a

woman which makes him an unpopular client as his race and nature of crime stood against him.

Finch’s status could also have been due to his race, a white man, a respected member of the bar,

of his town, community. His decision to represent a black man increases the risk of social isolation.

The movie presents various suggestions of evident social unease to Finch’s reputation due to Tom.

Ewell, calls Finch a negro-lover in the film. A school also taunts Scout, about her father

representing a black man. Finch personally takes cognizance that there’s been talk around the town

that I shouldn’t be defending Tom.

To Kill A Mockingbird is similar to other courtroom dramas. For e.g. this film falls in genre

of courtroom drama films like Philadelphia, Where Tom Hanks, a white gay lawyer is defended

by Denzel Washington, a black heterosexual lawyer, as Hanks is fired from his firm as he suffers

from HIV AIDS.

Atticus Finch’s status was considered as the ethical model for lawyer surrounding the 90s.

However, I believe that Finch cannot be considered a good model in case of contemporary lawyers,

because as a leader of the of a segregated society, Finch lives his life as a passive participant in the

process of justice. Finch, never volunteered to represent Tom, he only becomes Tom’s counsel

when he is asked by a local judge to so. Thus, Finch had no choice in life, because if he refused,

he would be held in contempt. Although he could have made minimalistic effort in representing

Tom instead, he chose to do his job honestly which was to provide his client a credible defense to

establish his innocence.

Atticus is showcased to be practicing law in an immoral legal regime and for several

reasons this is problematic. The film clearly portrays justice in the south as inherently biased.
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Black Criminals have a minimal chance at justice and redemption even with adequate aid provided

to them. In the movie at the time of trial, Finch’s cross of Mayella the alleged victim and Bob

Ewell, her father showcases Tom’s innocence. Yet, Finch never head-on challenges the legal

system, that convicts an innocent Tom. There is a scene where Finch faces an angry mob assembled

outside the jail in in order to lynch Tom, but it was Finch’s daughter who actually faces shames

them for their act and saves Tom. Atticus agreed to the trial with an all-white jury. In 1935 the

Hon’ble Supreme Court of United States in the case Norris v. Alabama, held that systematic

exclusion of black people from a jury violates the equal protection clause enshrined in the

Fourteenth Amendment. Proving true to Southern Justice System, an all-white, all male jury

convicts Tom. More importantly one observes that Finch was not a single bit surprised by the

verdict, despite undeniable evidence that proved Tom’s innocence. Not in the movie, but in the

book, Harper Lee illustrates Finch, telling Scout his daughter that Tom’s conviction is inevitable

as he takes on the case. In defeat there is victory, or maybe in the present case there was a mere

sense of victory as the all black community, confined to a corner by oppression of whites and Jem

Crow laws stand as a sign of respect towards Finch as he exits the courtroom.

The book gives utmost importance to the aspect of Otherness. When we talk or hear about

Boo or Tom, it creates an understanding that they aren’t like other characters in the story. They

belong to sense of differentness that no one else belongs to, it is a crucial aspect of the book’s story

line as even though they are different, they are not scared of themselves. The sense of Otherness

is evident in the social growth of Scout and Jem in their fascination with Boo. Ones awareness

towards Others and their differences makes one realize of his/her own uniqueness. The novel

depicts the children’s inception of understanding of themselves. However, achieve this so-called

self-awareness, the duo must explicitly understand their surroundings and the community they live
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in. The Other refers to someone with which one contrasts oneself. Children like Scout and Jem

develop their personalities and find their role in the society by following the people with similar

social circumstances. By learning norms related with their socioeconomic class and by learning to

identify others. To Kill a Mockingbird is a coming-of-age tale, moreover the interplay among

various establishment illustrates the rules of acceptable behavior and demonstrates the

consequences for not adhering to the same therefore Lee’s novel in addition to the above also

portrays Michael Foucault’s model for the present society, the “Panopticon”. It makes one

challenge the concept that Panopticon as dependable design of repression from which none can

escape, at least not without facing severe repercussions. 3

“A real subjection is born mechanically from a fictitious relation” – M. Foucault.

In Discipline and punishment, Foucault explains Jeremy Bentham’s concept of Panopticon

by applying this to all aspects of social life. Bentham had created a circular prison comprising a

central watchtower encircled by a structure divided into cells each of which extends till the end of

the structure. The cells have two windows; one a sun-opening for light to pass through and other

corresponding to the watch tower for the guards to keep an eye. Foucault says through the model

of the Panopticon, the Other is identified and separated from the self. Social mores and constant

judgment reinstate and reinforce social stratifications in the society. By applying the Panopticon

on the entire society, one may understand that each of the cell depict a single social group. This

arrangement prevents social groups from understanding each other.

Coming back to the movie, Finch tries to bring forth a credible defense, Justice Taylor, the

trial judge fails to uphold the basic tenets of law. Perhaps, these different and varying legal system

3
digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1444&context=fac_pubs
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make Finch look more ethical and moral. In courtroom movies the uncertainty of the legal model

towards justice is often as important as who committed the crime. Unlike lawyers in these movies

who are portrayed and praised so highly, the judges, except a few are shown to be negative. Too

often it is seen that judges are to honest upholders of truth and their oath they are scared to take

lone stand for justice. 12 Angry Men, Philadelphia, Kramer v. Kramer, the role of judges in these

movies is inviable or almost silent. Whereas in films such as Presumed Innocent, Jusitce for All

the judge is corrupt. In this regard in the present film, Judge Taylor’s indifference is similar to the

negative illustration of judges in above-mentioned movies. In the movie Finch has the knowledge

that the southern justice system is rigged yet he tries to present a credible defense within the bounds

of the system even though he knows that it is unjust and biased towards the black community.

Judge Taylor who presides over the trial remains unempathetic, impassive and not even neutral

observing injustice transpire under his nose. Just like Finch, a lawyer, judges also have the

obligation to uphold the rule of law irrespective of the immoral legal regime.

It is almost possible that there may be more to than what catches the eye, that Finch did

much more than what the film allows us to see. He portrays strong will with regards to appeal

Tom’s conviction. Since, we cannot see the inception of the trial one thing that remains hidden is

that whether Finch challenged the legality of an all-white jury in the first place. If the answer is

yes, then it is evident that Finch’s advocacy goes beyond simple advocacy for his client. It seems

more like lawyering for a social cause. Yet, nothing of this sort is available for viewing. Without

any more debate, it can be said that Finch in the film does not stand equal to a real civil rights

lawyer. With a very problematic illustration of characters in To Kill a Mockingbird, the movie

accounts for enormous praise, especially in legal the community as the film targets the white

audience at the inception of the Civil Rights Movement. It depicts that in cases where lawyers
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represent unpopular clients, they still follow morals, ethics and rule of law. This message was of

utmost importance for southern viewers, less than 10 years after the landmark judgment in Brown

v. Board of Education4. Still there was massive segregation in southern states. Thus, this movie

was an appeal to decent, law abiding, moral white people to accept racial integration. In the end

Finch is also portrayed to possess an ideal image, decency like every lawyer who abides by the

code and follows rule of irrespective of the social conventions.

Like most films tackling the issue of racial discrimination, To Kill a Mockingbird has its

own flaws. However, its message that it intends to send about, morality, tolerance and ethics

resonates with all classes of people. Atticus Finch is one of the Protagonist of the film and a brave

man from the south, but in front of a whole society with the views as opposed to his, he is simply

put an ordinary man, not any legal legend. He cannot be regarded as an ideal lawyer. The film is

very much reflective of the audience’s culture. As a film grows old, with age audience requires

more information to grasp the true meaning behind the movie. The fact that the movie, To Kill a

Mockingbird is a powerful testament and a fine adaption of an example of classic story writing by

Harper Lee.

4
https://supreme.justia.com/cases/federal/us/347/483/case.html