In the film “A Time to Kill”, defense attorney Jake Brigance attempts to invoke empathy from the jury during his closing statement to convey Carl Lee’s innocence. Brigance asks the jury to close their eyes and imagine the brutal rape and torture of a young girl; the horrible fate that befell the daughter of defendant Carl Lee, and thus drove him to murder the two aggressors. For the majority of Brigance’s statement, the attorney attempts to invoke a real sense of empathy from the jury through his description of this young hypothetical female victim, but is is only able to invoke an apparent empathy. That is, however, until the final sentence of his statement, with which Brigance is able to transform the apparent empathy of the jury into overpowering real empathy, all by uttering the phrase, “Now imagine she’s white”.

Brigance begins his statement to the jury by admitting to them that in his desperation, he must stray from a composed and prepared monologue one might expect from a defense attorney. Brigance tells the jury that they all have a duty “under God” to seek the truth “not with our eyes, and not with our mind or fear or hate (…) or prejudice, but with our hearts” (TK , 2:15:32 – 2:15:39). This statement plants the seeds for an appeal to empathy by appealing to emotion. Empathy is a invoked through an emotional understanding of another’s situation. Brigance opens his statement by conditioning the jury to make a decision not with their minds and rationality, but with their heart and the emotions it conveys to them.

Brigance asks the jury to “imagine” a little girl coming home and being brutally attacked on her way. Brigance spares no horrific detail of the altercation, asking the jury to imagine the girl being “dragged into a nearby field [her attackers] raping her, shattering everything innocent and pure with vicious thrusts” unsuccessfully hanging, and then “pitching her [body] over the edge [of a bridge], (…) [and leaving] her raped, beaten, broken body” (TK 2:16:46 – 2:2:19:31). Through his telling of this violent narrative, Brigance attempts to elicit a visceral reaction of empathy for the victim, and disgust for the crime committed against her. In the middle of his story, he asks the jury if they “see” the little girl, essentially attempting to convert the jury into Aristotle’s Judicious Spectator figure; a witness to a situation who uses empathy in order to more keenly understand the mental and emotional state of the person involved in that situation. During Brigance’s tale, many of the women on the jury are visibly distraught and emotionally regretful for the poor girl. However, the fact of the matter is that at this time the women on the jury are shaken by the details of Brigance’s story due to their abrasive nature, and their hypothetical implications, not due to their actual pertinence in reality to Carl Lee’s daughter. This is due to a social disconnect between the white members of the jury and the black victim who they are meant to feel empathy for, but don’t due to this social inhibition. Essentially, while Brigance’s story has effectively roused the empathy of the jury, this is an apparent sense of empathy is without a target / subject for whom to feel for, due to the fact that the jury is incapable of empathizing with the real victim a black girl, and the defendant, her father.

However,  at the very end of his statement, Brigance is able to harness the jury’s apparent empathy and turn it into real empathy for the actual victim and defendant, all by uttering one phrase: “Now imagine she’s white” (TK , 2:20:21). In his delivery of this line, Brigance is able to break down the barrier between white and black, and enable the jury to feel real empathy for the real victim of the crime by invoking their sense of shame, and as a result, their sense of real empathy. Brigance relies on the tried and true tendency for the whites of the  to protect and empathize with only those of their own race. Furthermore, by asking the jury to imagine the victim not as a black, or even a hypothetical girl, but as a white one, he is able to invoke within the jury a sense of not only real empathy for the victim of the crime, but also a deep sense of shame at their upholding of the racial double standard which was the sole impediment to justice.

For this assignment (which should help you prepare for your first formal assignment), you will find a specific instance from A Time to Kill where empathy–either real or apparent–is invoked. This can be one of three types of invocation of empathy:

1. one character attempting to invoke empathy in another character;
2. the film invoking empathy in the viewer; or
3. some combination of the two.

For your post, you will need to explain how/why the invocation of empathy occurs. You will also need explain whether this is a real, or only apparent invocation of empathy. If it’s only apparently an invocation of empathy, what other emotion or perspective is it invoking?

Your post should be 500-700 words, and is due in class on Thursday, September 21.

Your honor, members of the jury, and citizens of Maycomb, Alabama. I stand before you today humbly asking you to not neglect the truth. To open your eyes and look past the facade that has sabotaged our progress for years. Based on what you all have seen and heard today, it is clear that the victim, Ms. Ewell, has been assaulted by a man in this courtroom. However, this man is not the defendant. Look around this courtroom. What’s the first thing that stands out to you? Notice the division in this community; us and the negroes. Within this dichotomy, more issues remain unresolved. Due to the values and attitudes the people of Maycomb uphold, we all know that you automatically categorize Tom Robinson as the suspect because he is a nigger.

More specifically, I hope the jurors understand that none of you are intentionally biased, you all are just conditioned to think and behave in such manner. You all have been taught that anyone who is different from you is the target. You all have forgotten that in most cases, the target lies in the group of one of your own. Although, this may seem like a difficult request, I strongly encourage you to take this into consideration I suggest that you all acknowledge the facts and neglect the current racial biases that you all succumb to at moments. Firstly, the defendant, Tom Robinson, did not commit this crime no matter how much you all suspect him of it. To emphasize, he is physically incapable and no black male or Nigger would jeopardize the miniscule entity that he claims as his life. Instead, I want you all to turn your eyes to Mr. Bob Ewell, a man known for his bellicose behavior while under the influence. It is not strange that Mr. Ewell becomes defensive when asked to complete a simple gesture in front of you all. Nor is it strange that Ms. Ewell cannot answer a question without glaring at her father (Bob Ewell) for approval.

As stated by Ms. Ewell. “I do not reckon that he [Tom Robinson] hit me.” After making eye contact with Mr. Ewell she proceeds to yell frantically, “I mean yes! He hit me, he hit me!” Even though the victim may be under extensive amounts of distress, it is no surprise that she changed her story. The objective is take the simplest way out which is convicting the black man. The victim’s and witness’ testimonies along with the lack of physical evidence should be more than enough for you all to come to an accurate verdict.

No matter how you all may feel towards the defendant and the victim, you cannot ignore the law. No one, even that of the African American race, can be convicted of a crime based solely on testimony and no evidence.  The bible says, “Where there is no visions, the people are unrestrained, But happy is he who keeps the law” (Proverbs, 29:18). On that note, by God, do your duty, you all deserve to be happy.

Works Cited

New American Standard Bible. “Morality and Redemption.” Knowing Jesus. 1991. Web. Date accessed [13 Sep 2017]

To Kill a Mockingbird. Robert Mulligan. Universal,1962. Web. September 2017

People of Maycomb gathered here today, I stand here to implore you: evaluate this case not as a white or a negro, a doctor or a salesperson, a neighbour, a friend, nor a stranger, but as a simple human being. As a person who came into this world in the same way as Tom Robinson. As someone who has lived, and suffered, and felt. As a person who also has family, friends, and loved ones. I beg for you to lay down the conflicts which plague our society outside of this space, and to perceive the conflict of the courtroom as it is alone. To hear the facts and come to a judgement which is just, rational, and moral. So ladies and gentlemen, why are you seated here today, watching a case to which there is already a clear answer? We hold the evidence needed for an answer— I do not believe there is any more reason to argue for the innocence of Tom Robinson. “The state has not produced one iota of medical evidence,” against Tom Robinson: in fact, all of the evidence point to his innocence (TKAM 1:32:10 — 1:32:13). So gentlemen, why are we so eager to judge him guilty? Why are we so eager to take the life of a hardworking man, who has never before performed a wrongdoing? Is it merely due to the colour of his skin; the fact that he is a negro? Does this all fall down to “the evil assumption that all negroes lie, all negroes are basically immoral beings, all negro men are not to be trusted around our women” (TKAM 1:36:00 — 1:36:12)? Should we be punishing this young man for having sympathy for another human being? Should we be taking this man’s life for having the gall to aid another person in a time of perceived need? Ask yourself this, gentlemen. Ask yourself these questions today and check where your moralities stand. Are you ready to let this man lie for a sin he did not do; to die for the emotion of sympathy which we instil in the very hearts of our own children? Are you ready to watch a young man die for somebody who was too cowardly to own up for her actions, and now hides behind the very man she is prosecuting? What kind of society will you be representing when you go home tonight to your own children: one with sympathy and justice, or one that blindly follows the word of a liar? I do not ask of you a very difficult task. Gentlemen, today I merely implore you to do what you came here to do: to do justice. Do not fall to the implications and assumptions of the outside world, and instead, deliberate on the evidence you have in front of you and I beg of you. Do what you know to be right.

Works Cited

Mulligan, Robert, director. To Kill a Mockingbird. Universal Pictures, 1962. University of Rochester, digitalcampus.swankmp.net/rochester274683/Mobile/Play/#/play/48368.

Gentlemen, today we gather here to examine a case that should not even be brought to court. There is little to none evidence showing that, the defendant, Tom Robinson, has committed the crime he is accused of. I trust that all you gentlemen here, I trust your value and wisdom, and I trust all of you will make the most reasonable decision based on all the facts and evidence.  

First of all, there is no medical evidence stating that the defendant has done such crime to Miss Mayella. Therefore, the case should not even be brought to the court. Also, the sheriff and Mr. Ewell both have given the evidence that the person who beated up Miss Mayella was clearly a person who is left-handed. However, the defendant clearly is not able to use his left arm, as the defendant has said before, “I got caught in the cotton gin when I was 12 years old. All my muscle were tore loose” (TKM 1:20:07-1:20:14). Moreover, the sheriff has given the statement that there were bruise all over Miss Mayella’s neck, which means the person who did it must be able to use both hands. Therefore, based on the fact that Tom cannot even use his left arm, the accusation is lack of evidence. Gentlemen, I believe that all of you here see the lack of evidence in this accusation, and I urge you to make the correct decision by evaluating the facts.

Our society believes that a white woman kissing a young and healthy black man is a sin. Miss Mayella could not help to kiss Tom Robinson, but she does realize that it is a sin to kiss him. Therefore, she is accusing him of something that has never happened to save her own reputation. If the bias towards the negroes do not exist in the society, this case would not have been brought to the court. Gentlemen, I urge you to also consider carefully of the defendant’s statements. As wise men like us, we do not believe in the bias that all the negroes are criminals. In a fair court like this, I trust that all of you would abandon the thoughts of racism, and look at what actually happened.

I understand that Mr. Ewell is extremely angry because someone has taken advantage of his daughter. We all want to defend our families, so let us not forget that the defendant also has a family. His wife and his father are heartbroken when Tom is wrongly accused, and they are extremely helpless. We should see the family of the negroes as important as our own. Imagine that someone in your family is wrongly accused, how heartbroken and angry would you be. Also, please consider how helpless they are because of the color of their skin. So, gentlemen, you should be extremely careful with the decision you make because wrongly accusation might ruin a family completely.

I also feel pity for Miss Mayella that she feels the needs to defend herself by accusing a kind-hearted man. Let us look at the separation in this room, the separation between us and the negroes. This is not how a prosperous community should be. I understand that we are all in financial difficulties under the great depression, so this is time we all bond together as a community, to make our Maycomb county a better place for all of us to live in. Accusing Tom of what he has never done is not the way to make the community safer for others. We should never make assumptions of people based on their skin color. We must trust each other based on the evidence.

Finally, I assure you that based on all the provided evidence, Tom Robinson is not a rapist, he is just a kind-hearted man who has done nothing wrong. And now, the decision is in all you wise gentlemen’s hands, I trust that you would make the most reasonable conclusion. 

Work Cited

To Kill a Mockingbird. Dir. Robert Mulligan. Universal International Pictures, 1962. Digital Campus. Web. 13 September 2017.