Essay Questions

What loopholes does Marcelo employ in his defense of Michael?

Marcelo being an expert lawyer appeals to uncertainties to defend Michael: "He'd also feared for his life, your honor, as he didn't know if the shooter was still out there or if he was likely to be attacked or followed." This argument is intended to persuade the judge that Michael had no option but to violate his duty of care towards Alan. Marcelo's argument means that acting rationally would be impossible for a man afraid for his life.

What instinct drives Michael’s actions?

Michael's actions can be attributed to the death instinct. It makes Michael cold and inhumane. Ernest wonders, "And if there was something in him like a growl, like his shoulders, his forearms flexed as he strangled the life out of someone, then was it in me too?" The "something" is the death instinct. Michael wants Alan to die; therefore, he is focused more on confirming that Alan is not breathing than getting him to a hospital. Ernest does not like the instinct; he resolves to expel it from his being.

Why does Ernest testify against Michael, yet they are brothers?

Ernest believes in truth, even if it means going against his family. His action of testifying subverts the bubble of loyalty that has been surrounding their family. Ernest admits, "I'd have had to learn to live with staying silent, but I've had to learn to live with speaking out too…I'd love to tell you I did it because it was the right thing to do." In this case, Ernest's admission portrays him as a man of integrity. If he had not testified, he would have been complicit in his brother's actions of murder. Testifying frees him from the burden he would have borne for his entire lifespan. Truth is more liberating than remaining silent.