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Nikoleta Despodova

Theme B8: On Trial

03/24/2011

Professors Sherman and McClure

Innocent Until Proven Guilty

The law states that all persons accused of a crime are innocent until proven guilty in the

court of law.•
 
 by Bernard Malamud and   •

 by Pete Dexter, however, reveal

that sometimes the court of law is irrelevant when other interests are present.

It is interesting to observe how the defendants from the both books share similar fate. The

isolation of the defendants from the rest of the society and the feeling that they are betrayed by

everyone they know is present in both stories. While Paris Trout has been avoided by his

community because he has been convicted of killing a twelve years old colored girl, Yakov Bok

is mistreated because he is a Jew accused of killing a Christian boy. Paris trout, however, is able

to buy his way out of prison, although he is found guilty, whereas Yakov Bok spends 3 years in

jail waiting for a trial. In both books, the community closes its eyes for this injustice. In  

•
 people think that ³Cotton Point did as much as it could about Paris Trout´ (p. 255) by

convicting him.If anyone let Trout out of prison it is a private matter and there is no need of

³bringing [this question] back up´ (p. 255). Although both authors illustrates the importance of

the community pressure on the trials, Dexter gives the reader more in depth view of the people¶s

attitudes towards the accused by including a detail description of the people around Paris Trout.

Everyone in the small town turns back to Trout. After constant abuse by Paris, Hanna Trout
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threatens him that she is poisoning him so he will move out of the house and leave her alone.

Harry Seagraves also does not know how to handle Trout and he drops the case just before the

appeal in front of the Supreme Court. Trout scares everyone around him with his bizarre attitude.

This influences the life of the small town because people are always looking whether Paris Trout

is going to show up with a gun. On the other hand, Malamud provides the reader with a historical

background, which implies the effect that the trial has on the community. The vagueness about

people¶s believes about Yakov¶s guilt, however, gives the reader hope.

•

does not emphasize a lot on the role of the defense attorney. However, he is a

smart man and he gives Yakov hope. The defense attorney explains Yakov that the trial will be

difficult and many of the witnesses will lie but he adds that ³law lives in the minds of men´ (p.

278) and ³if a judge is honest the law is protected´ (p. 278). He explains Yakov that although it

will be difficult to win the trial, there is still hope. The attorney knows that the jury consist of

peasants and shopkeeper who are ³simple folks, [and] as a rule they have little love for state

officials´ (p. 279) so they take the facts with a pinch of salt. Furthermore, the jury can see if the

facts are manipulated by the prosecution. The defense attorney in  •
 however, faces a

problem with fabricated facts in a different way. Harry Seagraves knows his client is guilty.

Trout claims he shot the girl in self-defense. The facts presented by the prosecution reveal that it

is not true and Trout killed the young girl in a cold blood. Seagraves then decides that the only

change for winning the case is paying Buster Devonne, Trout¶s accomplice, to support the

testimony of Paris Trout. Furthermore, knowing that Trout is guilty and he does not feel any

remorse, tortures Harry Seagraves. Even after the trial is over, Seagraves keeps remembering the

dead body of Rosie Sayers but he puts his legal obligations first.
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The criminal justice systems in •

 as well as  •
 show how easy it is for

people with power to manipulate the system in their favor. Yakov Bok, a Jew without any money

and family, is kept in prison for three years. The prosecution is unable to prove their case, so

they keep Bok in solitary hoping that Bok will confess he killed Zhenia. Although there is no

evidence connecting Yakov to the murder, the state needs to convict a Jew, any Jew, for this

crime. For the years that Yakov spends in prison, he is psychologically abused and poisoned.

Yakov is denied a lawyer before his indictment is ready, so he spends three years waiting not

only his trial to start but also to talk to a lawyer.On the contrary, Paris Trout is convicted of

shooting a child but he is ³allowed to remain free on his recognizance until new trial motions are

settled´ (p. 184). Trout remains free for three years before his appeal for a new trial is denied by

the Supreme Court and marching orders for his arrest are issued. However, Paris is a man of

power and it takes only few minutes before he buys his freedom for twenty thousand dollars and

goes back to his store.

Although the protagonist in •
 
 is wrongfully accused of a murder and the

protagonist in  •

is guilty, they both go through a similar character transformation. At

the beginning of the story both men are stable individuals and a part of the community. As the

plot goes, however, Yakov, as well as Paris, falls slowly into insanity. While closed in his cell,

Yakov often has hallucinations. He sees the body of the murdered child and cries out in agony of

this painful view. The guards interpret Yakov¶s cry as a sign of guilt for the horrible crime rather

than a mental problem.Likewise, Trout¶s delusions are underestimated by the town people. At

first, Hanna Trout is the only one to notice the extreme change in her husband¶s behavior, which

later on she shares with Harry Seagraves. Trout¶s belief that he has been poisoned pushes him to

unexplained behavior which the town people do not understand.

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Both stories deal with injustice in a different way. To understand how the criminal justice

system works it is important for us to understand how not only masses operate but also the

individual. Moreover, laws are implemented by people, therefore they can surf self-interest.