A sequel to A Higher Duty , from an author whose extensive legal experience provides authenticity to his legal thrillers 1964 brings fresh challenges to Ben Schroeder, now a member of chambers headed by Bernard Wesley Queen's Counsel (QC). A courting couple have been attacked on the banks of the River Ouse near Ely. The news of beating, rape, and murder soon become sensational headlines. Schroeder is called to assist the defense but lead QC, Martin Hardcastle, has a reputation that goes before him. As the pressure mounts, talk of alcoholism fills the courtroom with Hardcastle’s repeated absences and seemingly reckless actions risking the support of his team. And when a shock decision is made, it is left to Ben and his colleague, Jess, to deal with the consequences. With the case drawing mass media attention and public opinion turning against capital punishment, Schroeder must once again face the prejudice, scandal, and corruption of the brutal courtroom reality and its verdict on the fate of a man’s life.
Librarian Note: There is more than one author by this name in the Goodreads data base.
Peter Murphy was born in 1946. After graduating from Cambridge University he spent a career in the law, as an advocate and teacher, both in England and the United States. His legal work included a number of years in The Hague as defence counsel at the Yugoslavian War Crimes Tribunal. He returned to England in 2007 on his appointment as a judge of the Crown Court. He lives with his wife, Chris, in Cambridgeshire.
It's taken me a fitful night's sleep to process this, the second of Peter Murphy's Ben Schroeder novels. A legal thriller - emphasis on the legal - about a capital murder case hinging on technicality as much as evidence is a brave choice of narrative, but it is one that works and which raises the questions it is intended to.
'The law must take its course.' Six words that contain multitudes. The stories contained within them - the lives - almost do not bear thinking about, but must be. We are told by some in the modern era that miscarriages of justice are less likely. The safety of convictions can be assured, so those people say. But despite this we see huge miscarriages of justice coming to light on an annual basis. The Post Office. Andrew Malkinson. Neither, we are assured once more, are capital crimes, but it only requires a single wrongful conviction to be ruled safe for a greater crime to be committed: the wrongful (and lawful) execution of a citizen by the state. In Britain, we never had the American disease of life before death; sentence was carried out within 3 months of conviction. As in the cases of Derek Bentley and Timothy Evans, death means death.
Murphy does a superb job of one thing in particular: the technicality. In this case, s.5(1)(a) of the Homicide Act 1957. Murder committed in the course or furtherance of theft was a capital crime. So, in this case, was the defendant, Billy Cottage, liable for capital murder under this section? Legal argument feels compelling, and intentionally obfuscating. A man's life hangs in the balance, and what matters? A small gold cross of negligible value, the timing of theft, the purpose behind the killing.
Although this is not a light read - the impact on the characters can be felt resonating throughout the book in a way impacts did not resonate in Murphy's first book - it is utterly compelling and deserves to be read more widely. Some scenes will haunt any reader - the hangman's description of it being as little as 8 seconds between entering the condemned man's cell to opening the trapdoor ending his life in particular feels haunting - and I have a feeling the impact of this novel will stay with Ben Schroeder for the rest of the series.
This entire review has been hidden because of spoilers.
Peter Murphy does a very good job of putting you right inside the novel, making you feel you are seeing the barristers as they walk through Temple and meet for a drink in Devereaux pub. He also paints a very good picture of the archaic system that still exists to a degree in the English legal system but which was very strong prior to the change from the assizes system to the Crown Court system in 1972. The kowtowing of junior counsel to "silks". The ceremonial of the first day of assizes.
There are two full court cases in this novel. It begins with a grisly murder, which is dealt with in the second case, and then moves on to the trial of a vicar for sexual misconduct, which takes up most of the first half of the novel. The capital murder trial then follows in the second half. As the murder takes place before the Murder (Abolition of Death Penalty) Act of 1965 this means the accused will hang if found guilty.
One point which comes through very clearly in this novel is the absurdity of the definition of "capital murder" as opposed to "non-capital murder" under the Homicide Act 1957. Under this definition a court was required to impose the death penalty if the murder were "consequent to" or "in furtherance of" theft, but could not do so if, for example, it were "consequent to" or "in furtherance of" rape (unless one of the other capital murder categories were present, such as the murder of a police officer, murder to avoid lawful arrest, or murder by shooting or explosion). So at that time UK law effectively regarded the theft of valuables as far more heinous than rape. Thankfully the UK is now a civilised country and therefore no longer has the death penalty anyway.
Peter murphy has done it again. A real page turner with the ins and outs of the chambers dealing with the long-abolished capital murder this time; and if that was not enough, Ben Schroeder has been entrusted with yet another case of defending a vicar with unusual tastes. Ben knows he must defend his clients but that’s not the only worry that occupies his mind, as he navigates through his own self-doubts and a challenging senior colleague – QC no less - with an unbeatable reputation in tow.
How will all this end? Inspired by real life events, the ending, as readers will find, is also the beginning of new era.
I am biased towards a good court room drama, and this ticks all the boxes. One small little gripe, however, for me was the character of the legal secretary - seemed like an unnecessary accessory that moved through the story without much purpose. Well, unless the author was trying to make a point about the role of women in the legal business, I didn’t see much point in including a rather dull love story amidst the intense courtroom drama.
First rate legal thriller, set in the dying days of capital punishment (early 1960s). I'm not a barrister, but the chambers, trial and Court of Appeal scenes all seemed very realistic. Even the legal arguments in court over the interpretation of the notorious Homicide Act 1957 were fascinating. The author is a lawyer and (in the nicest possible way!) it shows. I have no idea if he has ever personally been involved in a capital murder case, but reading the book you can imagine that this is what it must have felt like to try to save a client from the hangman's rope.
Second in the series and I thought it even better than the first. Ben is now fully on his feet as a barrister, defending first a charge of indecent assault and second a charge of capital murder. It is set in the final year (1964) that hangings for murder were still taking place in England. The author clearly knows his stuff regarding legal procedure and manages to make it all absolutely captivating, even the rather technical scenes in the Court of Appeal.
Another good read by this author continuing Ben's progress in the legal profession. Some detail on the role and training of the hangman just before this was stopped in this country.I imagine the author felt strongly about this.