Episode 22 - Anatomy of a Fall (France) (Guests: Fred Davis and Sam Bettwy)
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Description
Anatomy of a Fall (2023) is an acclaimed French drama directed by Justine Triet, from a screenplay she co-wrote with her real-life partner, Arthur Harari. The movie centers on the criminal trial of a writer (Sandra Hüeller) who is accused of killing her husband (Samuel Maleski) in a small town in the French Alps. The film operates on multiple levels. On one level, it dissects the circumstances surrounding Samuel’s death. What caused him to fall from the window of their chalet? Was he pushed? Or did he jump? On another level, the film dissects the deteriorating marriage between Sandra and Samuel and the complex family dynamics surrounding their 11-year-old-son Daniel (Milo Machado-Graner). The film offers a close look at a French criminal investigation and trial. More broadly, it raises questions about the reliability of human memory, the elusive nature of truth, and the complex relationship between law and justice. My guests to discuss Anatomy of a Fall are Fred Davis and Samuel Bettwy.
Timestamps:
0:00 Introduction
3:59 Coming up with a defense strategy
9:17 A case about doubt
11:36 Pretrial investigations in France
15:56 Victims’ counsel (partie civile) in France
18:50 The role of the investigating magistrate
22:03 The presiding judge and the other participants at trial
26:39 Unpacking the seeming “chaos” in the courtroom
29:07 Why defendants testify at trial in France
34:06 Liberté de la preuve and the treatment of evidence
39:17 The treatment of juveniles under French law
43:39 Daniel’s pivotal testimony
46:13 Appeals of acquittals by the prosecution
47:15 Influences on the director
50:37 Expert testimony
52:51 The justice system as metaphor
Further reading:
“Anatomy of a Fall asks the question, ‘Would you like to be judged like that?,’” Actu-Juridique.fr (interview with Vincent Courcelle-Labrousse) (Sept. 11, 2023)
“‘Anatomy of a fall’: to judge or to administer justice?” Dalloz Actualité (Mar. 4, 2023)
Bettwy, Samuel W., Comparative Criminal Procedure Through Film: Analytical Tools & Law and Film Summaries by Legal Tradition and Country (2015)
Bordages, Anaïs, “’Anatomy of a Fall,’ the anti-trial film,” Slate (May 21, 2023)
Dervieux, Valérie-Odile, "'Anatomy of a fall' or fantasy justice," Actu-Juridique.fr (Aug. 24, 2023)
Kirry, Antoine, Davis, Frederick T. & Bisch, Alexander, “France,” in The International Investigations Review (Nicolas Bourtin ed.) (10th ed. 2020)
Publication Date
3-7-2024
Disciplines
Law
Recommended Citation
Hafetz, Jonathan, "Episode 22 - Anatomy of a Fall (France) (Guests: Fred Davis and Sam Bettwy)" (2024). Season 02. 14.
https://scholarship.shu.edu/law-on-film-s02/14
