The Rich, the Poor, and the Middle, 1971 November 17
Scope and Contents
This session is recorded on three audio reels. Advertised speakers included former U.S. Attorney General Ramsey Clark and attorney Louis Nizer. While Nizer does appear in the recordings, Clark does not. Unadvertised speakers consist of State University of New York Professor of Law and Criminal Justice Fred Cohen and Community Law Offices of New York City director Sheila Rush whose full presentations are absent from the collection. Based on box numbering, it appears that the first two audio reels are missing from this session, and the session was originally recorded on five reels.
The first reel contains the remarks of panelist attorney and author Louis Nizer. Nizer discusses the issue of courtroom obstruction. Citing trials of both Nazis and Communists in which disruptions and procedural tactics were used to force a mistrial, he advocates certain rules to ameliorate the issue, such as the right of a judge to remove an uncooperative defendant from the court and to remove counsel committing obstruction, the right of a judge to clear the courtroom of unruly observers, the disbarment of lawyers engaging in obstruction, and a federal statute making courtroom obstruction a felony.
The second reel contains the rebuttal and question and answer period. Rebuttals are made by State University of New York Professor of Law and Criminal Justice Fred Cohen, who objects to attorney Louis Nizer's assertion that courtroom obstruction is widespread and cites instances of judicial corruption and violation of civil liberties, and Community Law Offices of New York City director Sheila Rush (at 4:29), who notes that white defendants who engage in obstruction are treated more leniently than minority defendants, and cites the trend of denial of bail to illegally curtail civil liberties as evidence of the unfairness of the judicial system. At 15:10, Nizer responds to the comments, acknowledges the existence of some judicial corruption, but argues that no system is perfect. Additional questions continue at 23:37, the topics of which include: New York County District Attorney Frank Hogan, and the bail process.
The third reel contains the last part of the question and answer period of the session on social class and the law. Question topics include: the McCarthy hearings, the Julius and Ethel Rosenberg trial, and the responsibility of counsel for the behavior of a client.
Dates
- 1971 November 17
Extent
3 1/4 inch Audio Tape