Picturing Justice, the On-Line Journal of Law and Popular Culture




Michael Asimow

 

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Many of the problems of Southern death penalty justice are on display here, including inept defense lawyers, endless delays while prisoners sit on death row, hopeless last minute appeals that stretch the judicial system out of shape, overwhelmed death penalty opponents, and innocent men who are condemned to death because of judicial error.


Feature article

CRITICS, GET A LIFE: THE LIFE OF DAVID GALE ISN'T THAT BAD

By Michael Asimow

I've been browsing the reviews of The Life of David Gale on the Internet Movie Data Base. Most are scathingly negative. It's as if the critics felt personally offended by the picture. I thought the picture wasn't that bad and I've been trying to understand why so many eminent critics detested it.

David Gale is an up front anti-death penalty picture. It's nowhere near as good as Dead Man Walking, Breaker Morant, or The Green Mile but it's better than other pictures in that subgenre such as Last Dance or The Chamber. It has a clever double twist ending which is entirely appropriate to the political message of the movie and the personality of the characters. I won't betray the ending here since many readers haven't yet seen the film. My wife and I didn't guess the ending (although a lot of critics claim it was obvious to them right from the beginning). The ending to David Gale certainly was an improvement on the typical one in death penalty movies. Most of these films end with a gory execution scene; we are treated to watching the condemned (whom we've come to sympathize with whether they're innocent or guilty) get the lethal injection, gas, rope, bullet, or juice.

Certainly, the thriller aspects of the picture are weak. The unsuccessful last minute heroics to save the prisoner were absurd and wholly superfluous. The brilliant parody of such antics in The Player fits David Gale to a T. The character of journalist Bitsey Bloom (Kate Winslet) was poorly written and weakly conceived and Winslet's acting was not convincing. Other thriller aspects of the film (such as finding the audiotape or Bitsey's research into what really happened at the murder scene) are also silly or overdone.

But you know what? In addition to the clever ending, the film has some strong aspects. Some of the acting was terrific. I thought Kevin Spacey as the condemned David Gale was excellent (but then I always like Spacey's work). I liked the way the character was written and developed--the long terrible slide from respected philosophy professor, family man, and anti-death penalty activist into unemployed bum, shoved along by a devastatingly faked rape charge. Even better and more interesting was the always capable Laura Linney as the victim and fellow death penalty activist Constance Harraway.

Most important was the anti-death penalty message. We're in Texas, home of the assembly line death penalty. The enthusiastically pro-capital punishment governor is shown up as a boob and a political whore. Many of the problems of Southern death penalty justice are on display here, including inept defense lawyers, endless delays while prisoners sit on death row, hopeless last minute appeals that stretch the judicial system out of shape, overwhelmed death penalty opponents, and innocent men who are condemned to death because of judicial error. We visit death row and watch the clanking bureaucratic processes by which the death penalty is actually administered.

Recent public opinion polling indicates that public support for the death penalty is starting to slip as people understand the many practical flaws and the staggering expense of the death machine. The ABA has called for a moratorium. George Ryan's heroic action in granting a moratorium and then clemency to everybody on Illinois' death row because of the hopeless defects in the system has impressed many people. Death penalty films like David Gale bring that message home to millions of people who are compelled to reconsider their position on this momentous issue after seeing the film. By combining the political message with a thriller plot structure, a lot more people will see the film. That's good, right?

So what's with the critics? Surely David Gale wasn't all that bad, despite its acknowledged failures as a thriller (how many thrillers are really all that thrilling anyhow? Damned few) Did the critics resent having the anti-death penalty message shoved into their faces once again? Are they a little bored with it, perhaps? Or does it make them a bit uncomfortable? Do they feel that, in these times of terror and insecurity, we shouldn't undermine public confidence in law enforcement or in the good judgment of our executive officials? Well, maybe I'm being unfair here and the critics just thought it was another lousy, stupid movie (like so many they're compelled to endure). Yet, in my view, the picture was good but not great, and it packed a powerful political punch. You have to wonder what is going on with the critics.

Posted March 21, 2003

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