Defending People

the tao of criminal-defense trial lawyering

Improv, Trial, and Politics

From a 2007 inter­view with impro­vi­sa­tional com­edy teacher Keith John­stone:

GM: And you won’t be nervous.

KJ: No. Why should I be ner­vous? So I can screw up? If you can’t screw up, you have to be ner­vous. I can’t win them all. Usu­ally it goes fine. But the one thing I mustn’t do is to try to do bet­ter. Peo­ple are so afraid in pub­lic they might make a mis­take. If you make a mis­take in pub­lic and stay happy, they like you. That was Johnny Car­son’s great skill. He was a genius at that. We loved him for that. I saw Jack Benny on TV the other day for­get­ting Lib­er­ace’s name. I have a sus­pi­cion it was on pur­pose so he could demon­strate a total lack of self-punishment. That’s the point I try to teach impro­vis­ers. If the impro­vis­ers screw up and stay happy, then we want to take them home and feed them grapes because they’re these lovely peo­ple. But if they screw up and look unhappy and mis­er­able, I can get that at home; I don’t have to get it at a the­atre to see that. I’m say­ing it should be an exhi­bi­tion of good nature. I would hap­pily go to see an exhi­bi­tion of good nature any time.

I’ve writ­ten about improv here before, referred to Keith John­stone, and rec­om­mended his books. One of his rules of improv that I try to fol­low in the trial of crim­i­nal cases is to remain good­na­tured. The audi­ence (jury) enjoys watch­ing us per­form good­na­turedly. Even though we’re fight­ing about the most seri­ous stuff there is, they don’t like to see us tak­ing our­selves too seriously.

We show our good nature in the way we relate to the other peo­ple in the court­room (wit­nesses, oppos­ing coun­sel, court staff) by our treat­ment of them — if we are polite and cor­dial toward them, we look bet­ter. If they are not polite and cor­dial to us in return, so much the bet­ter; in the audience’s eyes that doesn’t reflect on them but on us. To have a judge heap­ing abuse on us is entirely to our advan­tage, but only if we take it good­na­turedly.

We also show our good nature in the way we relate to our­selves, by screw­ing up and stay­ing happy rather than pun­ish­ing our­selves. Some mis­takes are inevitable in any trial and, I would argue, ben­e­fi­cial; it’s bet­ter, in the bat­tle for the jury’s hearts, to let them see us mak­ing mis­takes and cheer­fully for­giv­ing our­selves than to appear inerrant and cold. Some lawyers engage in phys­i­cal com­edy — drop­ping papers, fum­bling — I sus­pect for this reason.

Like all impor­tant lessons, this one is uni­ver­sal. It applies to life in gen­eral, and to pol­i­tics.

At the debate on Wednes­day, McCain got snarky sev­eral times about his oppo­nent. I watched on CNN, and, in a graphic illus­tra­tion of the audi­ence not appre­ci­at­ing McCain’s dis­play of ill nature, their unde­cided vot­ers turned their knobs down all the way every time. They were turned off by the way he was relat­ing to his adversary.

Some­time between the evening of Octo­ber 16th and the after­noon of Octo­ber 17th, John Sid­ney McCain III finally learned this les­son. He got on Let­ter­man yes­ter­day and, right out of the box, admit­ted screw­ing up. “What hap­pened?” “I screwed up. I screwed up.” He stayed happy, and showed his good nature in rela­tion to him­self. There were no CNN-audience-feelings knobs, but if there had been they would have been turned up to 11.

Not that this is enough to get McCain elected, or even to get my vote — there’s still the Sarah Palin prob­lem, not to men­tion the Repub­li­can prob­lem — but after eight years of mean­ness and delu­sional infal­li­bil­ity in the White House it’s a relief to see that the Repub­li­can can­di­date is at least capa­ble of good nature.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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One Response to “Improv, Trial, and Politics”

  1. Murray Meyer says:

    hey i’m a fan — first time i see this blog. i’m link­ing on my blog — murraymeyeritscriminal.blogspot.com. can you do the same?
    mur­ray meyer

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