ABSTRACT
Although the norm is that the judge has a limited role, there have been a few instances where, instead of simply the words and actions of the advocates, we get to see, and, more importantly, hear, the active participation of the judge in the process. There are a number of distinct approaches where the judge’s role in the process has been portrayed. Again a range of styles emerges from this handful of attempts to essay a glimpse into the judicial mind. Thus we find the judge as pragmatic solver of problems found in John Ford’s Judge Priest (1934) (and its post-War remake, The Sun Shines Bright (1953)) and as earnest seeker after the proper course of action in Judgment at Nuremberg (1961) and the subsequent sober Judgment in Berlin (1988). We also discuss an alternative to these two styles in The Life and Times of Judge Roy Bean (1972). As we have noted above, in the vast majority of ‘legal films’ judges do little more than keep the action going and are seldom featured as crucial actors in the ‘trial movie’. It is essential that the plot flows steadily forwards and in this respect the traditional role of the judge is to direct the action from behind the scenes. More significantly we see almost nothing of the process of decision-making. This remains a mystery. The kinds of factors which might play a part in this process have been left largely unexplored. The legal process is presented as an essentially rhetorical process in which the most persuasive arguments on the day determine the outcome. Verbal forensic skill is the key factor in legal film. There is, perhaps unsurprisingly, little to guide one as to how decisions are reached. Whilst this is true, looking at the evidence there are a small number of films where judges have occupied a foreground position. These allow one to examine the judge rather than the prosecutor, defence lawyer or accused. Here we consider five films where judges have played a more active role. The films span six decades and, given their unusual nature, no general trends or genre features obviously emerge. They include three comedy dramas and two more serious essays. The films are no mere quirks but feature three of the major directorial figures from Hollywood-John Ford (twice), Stanley Kramer and John Huston. Three distinct approaches have been identified in the films where judges have figured as protagonists.
