Television

Standard Of Review: A Legal Procedural Arc On Game Of Thrones

By being able to request a trial by combat at any time, any defendant is incentivized to sit through a normal trial and, if things are not going well, belatedly request a trial by combat.

By Harry Graff on April 16, 2015 12:03 pm

I love Game of Thrones. I was never much of a fantasy geek (for example, I saw The Lord of the Rings: The Return of the King about five years after it came out), but I quickly became enthralled by Game of Thrones’s smart dialogue, engrossing story, and masterful set pieces. As a result of my fandom, precious space in my brain is taken up by the complicated names of dozens of characters, and I have spent more time on the IMDB page of Rose Leslie (who plays Ygritte) than I care to admit, wondering when I will ever hear her delightful Scottish brogue again. With Game of Thrones returning this past Sunday night with its fifth season premiere, I decided to look back on last season’s “legal procedural” arc, in which Tyrion Lannister (Peter Dinklage) is put on trial. As a caveat, while I am an avid fan of the Game of Thrones television show, I have not read the books. This column will thus contain spoilers up through the end of the fourth season of the show, but will not reference the books at all. Because if I start to read George R. R. Martin’s tomes, I might never have time to write this column (nor will I ever have time to actually, you know, go to work).

For those of you who do not remember last season very well, or for those who have not seen the show (in which case, your life is not complete), Tyrion stands accused of regicide after his nephew King Joffrey Baratheon (Jack Gleeson) is assassinated in the fourth season’s second episode “The Lion and the Rose.” The teenage sociopath Joffrey, who had clashed with Tyrion numerous times in the past, perished at at his own wedding to Margaery Tyrell (Natalie Dormer) by drinking a cup of wine that had been handed to him by Tyrion. Unfortunately for the sadistic Joffrey, this potable is extra potent, and Joffrey dies from the poison. In the ensuing ruckus, Tyrion’s sister (and Joffrey’s mother) Cersei (Lena Headey) accuses Tyrion of murdering Joffrey (even though the audience is about 99.9% sure that Tyrion is innocent).

Once this accusation is made, and Tyrion is imprisoned, the criminal procedure begins. Tyrion’s father Tywin (Charles Dance), essentially the most powerful man in Westeros, makes the arrangements for the trial, which will have three judges — Tywin, the suave Prince Oberyn Martell (Pedro Pascal), and the toady Lord Mace Tyrell (Roger Ashton-Griffiths). Because 28 U.S.C. § 455 (the judicial disqualification statute) clearly does not apply in Westeros, the deck is stacked against Tyrion. Tywin has hated Tyrion for his entire life and Lord Tyrell has forged an alliance with the Lannisters and will likely follow Tywin’s lead. Only Prince Oberyn is the wild card.

In order to defend Tyrion, Tyrion’s squire Podrick Payne (Daniel Portman) attempts to compile a list of witnesses, but Tyrion’s only potential witness is his reluctant wife Sansa Stark (Sophie Turner), who disappeared after Joffrey’s death. Tyrion is forced to come to the realization that he will basically have no defense.

Surprisingly, Tyrion does not immediately go out and hire the Westeros version of Johnnie Cochran. While Game of Thrones obviously takes place in a fictional land, there are still many remnants of modern society, including governments, banks, economies, medicine, and religion. Why are there no lawyers? While Tywin would surely attempt to strong-arm any attorney who dared to defend Tyrion, there must be numerous lawyers that would be champing at the bit to represent the scion of the richest and most powerful family in Westeros in the trial of the century. The attention Tyrion’s attorney would receive would surely be more effective advertising than putting one’s name in the King’s Landing yellow pages. Moreover, while defending the case would surely be difficult given that two of the three judges are biased, Tyrion’s hypothetical lawyer would at least be able to cast some reasonable doubt on Tyrion’s guilt, as the only tangible connection between Tyrion and Joffrey’s death is the fact that Tyrion handed Joffrey the cup and that they hated each other. This is at best circumstantial evidence.

Sadly though, Tyrion is forced to undergo the trial sans attorney (and sans Sansa as a witness). Interestingly, there is also no prosecuting attorney (I am sensing a real untapped market for law schools in Westeros; I could make a killing there without having to actually chop anyone’s head off). Instead, “the crown” calls various witnesses — including Cersei, Ser Meryn Trant (Ian Beattie), Grand Maester Pycelle (Julian Glover), and Varys (Conleth Hill) — that testify regarding Tyrion’s abject hatred for Joffrey.  Tyrion is not allowed to speak unless “called upon” by Tywin, who only asks one total question.

Tyrion quickly sees the writing on the wall and realizes that he has no hope to avoid conviction. Accordingly, during a recess, his brother Jaime (Nikolaj Coster-Waldau) negotiates a deal with Tywin whereby Jaime would quit being a member in the Kingsguard and would instead take his place as Tywin’s heir. In return, Tywin would spare Tyrion’s life and would send Tyrion to the Knight’s Watch, the ancient group that protects Westeros from the “wildlings” and other beasts that live north of a giant wall.

Tyrion is inclined to accept this deal, as it represents his only opportunity not to be immediately executed. However, Tywin calls one last witness, Tyrion’s lover (and Sansa’s handmaiden) Shae (Sibel Kekilli). Shae was furious at Tyrion earlier in the season after he forced her to leave Westeros, and she likely was forced to testify by Tywin. Accordingly, she lies under oath and states that Tyrion and Sansa planned Joffrey’s murder together.

This is a tactically suspect move by the normally shrewd Tywin. Tywin did not need Shae as a witness, as Tyrion was surely going to be found guilty anyway. And, with no appeals process of note (and no popular HBO documentary series directed by Andrew of the House Jarecki that explores old unsolved murders), the judgment will be final. Having Shae testify is just a premature touchdown celebration. Tywin clearly did not learn the lesson of the Dallas Cowboys’ former defensive lineman Leon Lett, who celebrated too early as he was running down the sideline in Super Bowl XXVII and was stripped by the Buffalo Bills’ Don Beebe before reaching the end zone (and I am 100% sure that Tywin is a Cowboys fan; he is also likely a fan of the New York Yankees, Duke basketball, the “Big Three”-era Miami Heat, and Manchester United). Shae’s testimony infuriates Tyrion, causing him to renege on the deal and to launch into an epic tirade about how while he did not actually murder Joffrey, he wished that he had. He bellows at Cersei that he received enormous pleasure out of watching her “vicious bastard” of a son die. He even turns around and tells the audience (who are strangely seated in two bleachers that face each other but not the front of the room) that he would give his life to watch them all die of drinking poison. Lastly, in the episode’s final line, Tyrion roars at Tywin that he will not die for a crime he did not commit and accordingly requests a “trial by combat.”

Apparently, “trial by combat” is a real method of adjudication that was popular in Europe during the Middle Ages. In the world of Game of Thrones, both sides pick their “champion,” who will fight to the death. Tyrion’s trial by combat, depicted in the later episode “The Mountain and the Viper,” leads to crushing results (pun intended).

While this scene makes for great television, it reveals a critical weakness in the Westeros justice system. By being able to request a trial by combat at any time, any defendant (like Tyrion) is incentivized to sit through a normal trial and, if things are not going well, belatedly request a trial by combat. If I am named to the Westeros Small Council, I will ensure that the King or Queen passes a law providing for a limit on when one can request a trial by combat. That way, the Seven Kingdoms can save critical time and money and avoid unnecessary trials. And I might get to hang out with Ygritte (well, at least before last season’s penultimate episode “The Watchers on the Wall”), making it a win-win for everyone.

Harry Graff is a litigation associate at a firm, but he spends days wishing that he was writing about film, television, literature, and pop culture instead of writing briefs. If there is a law-related movie, television show, book, or any other form of media that you would like Harry Graff to discuss, he can be reached at [email protected]. Be sure to follow Harry Graff on Twitter at @harrygraff19.