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Cinema, Literature and Law Forum

We periodically organize in the forum, debate sessions aimed at the legal analysis of literary works in which the legal background plays a special role. In recent years, we have also focused our analysis on great films that meet the same condition.

Mario Garcés Sanagustín

Director.
Deputy in the Congress of Deputies for Huesca (PP). State Controller and Auditor and State Treasury Inspector on leave of absence. Member of the Academic Council of Fide.

Michelangelo Lombardy

Director.
Magistrate of Section 19 of the Provincial Court of Madrid. He has been a Judge since 1980 and a Magistrate since 1987. Associate Professor of Procedural Law, Faculty of Law, UNED.

Publications

Discover all the publications, session summaries and other documents related to the activity of this forum:

29 October 2019

Speakers:

  • Mario Garcés Sanagustín, Deputy in the Congress of Deputies for Huesca (PP). State Controller and Auditor and State Treasury Inspector on leave of absence. Member of the Academic Council of Fide.

  • Miguel Lombardia del Pozo, Magistrate of Section 19 of the Provincial Court of Madrid. Professor of Procedural Law, UNED 

Summary:

Twelve men, who are part of a Jury Court, must deliberate and rule on a murder case. At first, for the majority, eleven of them, the case does not present any doubt and the guilt is evident, the circumstantial evidence points to the responsibility of the murder by the accused and it seems that the deliberation is a short and simple procedure. One of them, however, shows his doubts and is not convinced and, as the guilty verdict requires unanimity, it is necessary to continue the deliberation in the course of which the arguments of the dissenter take shape and other members of the jury change their position. verdict.

The argumentation and deductive reasoning appear as defining elements of the work, but also the tense and suffocating atmosphere in which the prejudices and miseries of the attendees emerge, in a simple and "theatrical" approach, in which the resources used they are reduced, which further magnifies the masterful character of Lumet's work and that of the interpreters.
From a criticism of the judicial system itself, the insignificance with which the death penalty is initially approached and the personal and subjective contamination in the decision as well as prejudices of all kinds (social, professional, age ... etc.) , are underlined in the film, which has gone down in history as a true masterpiece.

The debate has given us the opportunity to deepen and analyze all these aspects in a world where the sometimes vertiginous analysis of reality can sometimes lead us to the grossest superficiality.  

16 January 2020

Speakers:

  • Mario Garcés Sanagustín, Deputy in the Congress of Deputies for Huesca (PP). State Controller and Auditor and State Treasury Inspector on leave of absence. Member of the Academic Council of Fide.

  • Miguel Lombardia del Pozo, Magistrate of Section 19 of the Provincial Court of Madrid. Professor of Procedural Law, UNED 

Summary:

"Well, I think they should remove the word compassion from the English dictionary," exclaims Emma Thompson at one point in the film in which she plays the character of Gareth Pierce. "In the name of the father" is a film about the eternal return of relationships between parents and children, the forced and convulsive learning of a young man who becomes a man in prison, an ode to freedom from oppression, a subjective description of revenge when it becomes a ritual, a hymn to dignity after leaving cruelty behind. But in addition to that and even behind all that, it is a film about judicial error and the consequences of all kinds that it entails.

When, in June 1991, the London Court of Appeal reversed the judgment following the emergence of additional new evidence that had been withheld from the defense, the entire British judicial system was shaken and prompted a reform of criminal procedure, probably the most important of all. the last decades in the UK. As a consequence of this reform, the planning and selection of evidence was concentrated from the beginning on the prosecutor, thus avoiding being relegated to a mere function of Rubber stamping of police investigations. The principle of "equality of arms" was also reinforced, guaranteeing adequate regulation of the requirements for disclosure of probative or probative material. "Disclosure". In short, a new opportunity to check the motivations for a change in procedural law based on the assimilation and overcoming of the mistakes made.

March 9 2020

Speakers:

  • Mario Garcés Sanagustín, Deputy in the Congress of Deputies for Huesca (PP). State Controller and Auditor and State Treasury Inspector on leave of absence. Member of the Academic Council of Fide.

  • Miguel Lombardia del Pozo, Magistrate of Section 19 of the Provincial Court of Madrid. Professor of Procedural Law, UNED 

Summary:

Joe Wilson is a man wrongly accused of a crime and wrongly imprisoned. Through a series of misunderstandings, gossip and hoaxes about the crime, the anger of the small town of Strand is unleashed and the enraged mob heads to the jail for their lynching, as they fail, they set the building on fire, but despite this Wilson can escape and secretly plans to bring the instigators of that action to court.

                                Disturbing story that contains a harsh criticism of the actions of the masses who, in the name of what is supposed to be true justice and what is now known as social alarm, overflow the rule of law. The inhumanity of this behavior is reflected in the harsh scene in which the people watch expectantly, with true homicidal fury, the burning of the building.

In the trial against the instigators, a wall of silence is erected and it is also intended to excuse the actions of the accused due to an inaction of the public powers. Authorities that do not fare well either as their neglect is reflected in sending the National Guard to control the riot. Malice and rumors shatter the moral quality of Strand society.

Physical lynching was a not infrequent phenomenon in certain North American States in the past, now we must ask ourselves if in our society concepts such as "public opinion", "social alarm" or "citizen justice", conceal similar practices as soon as possible. it ultimately intends to exceed the rule of law and procedural guarantees with unacceptable pressure on the Courts of Justice.

Academic coordination: Victoria Dal Lago

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