'Murder' kills free time

How To Try a Murder

MacMillan

4 Stars

Did the O.J. trial glue you to the television set eight hours a day? Do you get shivers when Jack McCoy gives his closing argument in "Law & Order?" Is CourtTV your favorite cable channel?

If so, "How To Try a Murder" is probably right up your alley. Billed as "the handbook for armchair lawyers," this book goes from the commission of a murder to the verdict without skipping any steps in between. The book describes the history and some of the legalese of our criminal justice system and at just 194 pages, is a quick afternoon read.

The book tells the story of a brutal double murder of a married woman and her lover. The ensuing police investigation brings about the arrest and indictment of Broderick Lane, the husband of the dead woman. Kurland explains the differences between multiple state and federal practices involved in bringing the accused to trial.

Next, Kurland discusses the trial preparation and pre-trial proceedings, starting by explaining the differences between first- and second-degree murder and manslaughter. He also covers the procedures of discovery, pre-trial motions and recusal.

Meanwhile, it seems as though Broderick Lane is getting into hot water. There is enough evidence to withstand a motion to dismiss on the part of the defense attorney, and it seems as though his alibi cannot be verified by anyone.

The next section of the book is probably the most interesting. Two chapters, entitled "The Prosecution" and "The Defense," cover the ethical and legal duties of both sides of a trial.

Lastly, Kurland discusses the judge's role in instructing the jury and the jury's deliberations leading to the verdict. And there is a huge section discussing the merits of capital punishment.

What makes this book great is that it mixes an interesting (though quite short) trial story along with an explanation of what is happening and how it is often used in the legal system at large, bringing in interesting examples from the O.J. Simpson trial, the Unabomber trial, the Oklahoma City bombing trial and the Menendez brothers' trial.

The sidebar sections of the book also gives a great look at the logic behind the policies that undergird the legal system. Abraham Lincoln's cross-examination style, the history of the use of coroner's inquests and the origins of the insanity defense are all brought up in the breaks from the text.

Furthermore, the book spends a lot of time going over complex legal concepts like ex parte and the rules of evidence in language that anyone can understand. And the author's use of examples sets a guideline that other authors covering complex topics should follow.

So if you want to understand what's going on in your favorite courtroom drama without sitting through three years of law school (or four hours of LSAT), give this book a try. It's a worthwhile read that will keep you locked into it until you're finished.

- Jack Schillaci

09-21-98