“Throughout Voelker’s works, he recognizes that the criminal justice system’s central purpose is to resolve issues about guilt and punishment through reason based on principle, rather than brute force relying on power. The justice system tamps down emotion, replacing passion with order and sound judgment. Fundamental to this understanding of law and how it operates is the idea that when a jury determines guilt and a judge imposes a sentence, retribution replaces revenge as the legitimate objective of punishment.” (pg. 213).
“Dissecting Anatomy of a Murder” is a book by Eugene R. Milhizer, an attorney, academic, and author with an interesting background. Currently a professor and dean emeritus at Ave Maria School of Law in Naples, Florida, Milhizer earned a bachelor’s degree in political science from the University of Michigan and later graduated from U-M Law School. After receiving an LL.M degree from the Judge Advocate General’s School at the University of Virginia, he worked as an Army judge advocate, trying numerous criminal cases and participating in hundreds of appeals. Later, he joined the Ava Maria faculty, where he has taught subjects including criminal procedure, criminal law, national security law, and military law, and also served as the school’s president and dean from 2010-2014.
The book begins by detailing the early years of well-known attorney, Michigan Supreme Court justice, and author John Voelker. Fans of Voelker will enjoy learning more about his youth and reading stories about his upbringing — accounts that include the time Voelker spent working in his father’s saloon, unfortunate incidents chronicling his father’s disinterest and abuse, and how he developed intellectual independence with the support of his mother, Annie. The book goes on to explore Voelker’s early adult life, and the love and appreciation he had for Michigan’s Upper Peninsula becomes apparent. As Milhizer writes, “[Voelker] was not merely in the Upper Peninsula, he was of the Upper Peninsula.” (pg. 31). He describes the importance that fly fishing played in Voelker’s life — evidenced by the 5,766 trout he caught between the years of 1936-1969 — and how fishing was a common theme in Voelker’s other writings such as “Trout Madness” and “Anatomy of Fisherman.”
Milhizer later pivots to the events that occurred at the Lumberjack Tavern in Big Bay, Michigan, on the evening of July 31, 1952, when Mike Chenoweth was shot and killed by Lt. Coleman Peterson after Peterson’s wife returned home with bruises and a torn skirt claiming that Chenoweth had raped her. From there, the book details the events of the People v. Peterson trial and discusses Voelker’s involvement as Peterson’s defense counsel before segueing into his return to writing once the case had concluded.
Voelker was determined to portray a criminal trial realistically and believably in “Anatomy of a Murder,” and Milhizer describes how Voelker’s experiences during the Peterson trial led him to write the book. It then follows how “Anatomy of a Murder” was subsequently developed into a feature film of the same name directed by Academy Award nominee Otto Preminger. The book depicts what it must have felt like to see famous Hollywood stars such as James Stewart and Lee Remick in Ishpeming and Marquette when they were filming on location in the Upper Peninsula. Not surprisingly, it makes the reader want to revisit Voelker’s original novel and the 1959 film.
The latter half of the book juxtaposes Milhizer’s thoughts with different facets of “Anatomy of a Murder” and Voelker’s life. It explores the thought that Voelker put into the title of his novel, such as the intentional use of the term “murder” rather than “homicide” or “killing.” It explores what Voelker refers to in his novel as “the Lecture” — the fine line between ethically advising clients and unethically helping a client concoct false versions of the facts. — and further considers additional ethical issues for prosecutors and defense attorneys, the role of the jury in criminal trials, and jury nullification. The final chapters pose thoughts on the question of whether justice was served when Peterson was acquitted and describes the later years of Voelker’s life.
Finally, Milhizer uses the epilogue to express the reasons why he wrote the book. He provides personal stories from his time in practice to reinforce the importance both Voelker and “Anatomy of a Murder” have played in his life, which explains the passion in his writing on this topic that resonates throughout the book.
“Dissecting Anatomy of a Murder” is a worthwhile read for those who have knowledge of Voelker and his book. It’s also a worthy pursuit for new or soon-to-be lawyers who are unfamiliar with Voelker — Milhizer reminds readers of the past, current, and future direction of the legal profession.