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3 L. & Critique 3 (1992)

handle is hein.journals/lwcrtq3 and id is 1 raw text is: Law and Critique Vol. III no.1 [1992]

SPECTACULAR EVIDENCE
DISCOURSES OF SUBJECTIVITY IN THE TRIAL OF JOHN
HINCKLEY
by
ROSANNE KENNEDY'
In the form of the logic of the image or the
spectacle of the simulacrum, everything has
become 'cultural' in some sense.
Fredric Jameson1
Suppose, as theorists of postmodernism such as Jameson claim,
everything has become cultural in some sense. I take this claim to
signal, among other things, the transformation of society by elec-
tronic technologies, particularly television and cinema, and the
emergence of a new cultural logic. What implications follow for the
practice of law, and for law's self-representation, when the real be-
comes the cinematic?2 In the essay that follows, I approach this
question through the analysis of a case which exemplifies certain
features of the cultural logic of postmodernism: long before the trial
began, the case entered the media aura and became a spectacle, the
defendant, obsessed with the film Taxi Driver, dreamed of becoming
a media image, and the defense used the film in evidence to estab-
lish the defendant's insanity.
On March 30, 1981, John Hinckley, the son of a wealthy Denver
oil family, attempted to assassinate President Ronald Reagan. Al-
*  Women's Studies, Australian National University.
1  F. Jameson, The Cultural Logic of Late Capitalism, in Postmodernism
Or The Cultural Logic of Late Capitalism (Durham: Duke University
Press, 1991).
2  Ethan Katsh addresses some of these questions in his pathbreaking
study, The Electronic Media and the Transformation of Law (Oxford:
Oxford University Press, 1989). He does not, however, situate his study
within the context of theories of postmodernism.

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