View source for Module:Chewbacca defense

{{Short description|Nonsensical diversionary legal defense strategy}}
{{use American English|date=December 2019}}
{{use mdy dates|date=December 2019}}
[[File:0330chewbacca.jpg|thumb|alt=In a scene from the television series South Park, Johnnie Cochran stands in a courtroom, pointing to a picture of Chewbacca on a large screen behind him.|A [[caricature]] of [[Johnnie Cochran]] uses the Chewbacca defense against [[Chef (South Park)|Chef]] in the 1998 ''[[South Park]]'' episode "[[Chef Aid]]".]]

In a [[jury trial]], a '''Chewbacca defense''' is a legal strategy in which a [[criminal defense lawyer]] tries to confuse the jury rather than refute the case of the [[prosecutor]]. It is an intentional [[distraction]] or [[obfuscation]].

As a Chewbacca defense distracts and misleads, it is an example of a [[red herring]]. It is also an example of an [[irrelevant conclusion]], a type of [[informal fallacy]] in which one making an argument fails to address the issue in question.<ref>''Willing v. State'', Slip Copy at n.1 (Sup. Ct. Nev. May 14, 2013).</ref><ref>''Bd. of Trustees of Galveston Wharves v. Trelleborg'', CV 10-2319-GW (C.D. Cal. Nov. 22, 2010)</ref> Often an opposing counsel can legally object to such arguments by declaring them irrelevant, [[character evidence]], or argumentative.

The name ''Chewbacca defense'' comes from "[[Chef Aid]]", an episode of the American [[animated series]] ''[[South Park]]''. The episode, which premiered on October 7, 1998, satirizes the [[O. J. Simpson murder trial]], particularly attorney [[Johnnie Cochran]]'s [[closing argument]] for the defense. In the episode, Cochran bases his argument on a [[false premise]] about the 1983 film ''[[Return of the Jedi]]''. He asks the jury why a [[Wookiee]] like [[Chewbacca]] would want to live on [[Endor (Star Wars)|Endor]] with the much smaller [[Ewoks]] when "it does not make sense". He argues that if Chewbacca living on Endor does not make sense—and if even mentioning Chewbacca in the case does not make sense—then the jury must acquit.

In the Simpson murder trial, the real Johnnie Cochran tried to convince jurors that a glove found at the crime scene, alleged to have been left by the killer, could not be Simpson's because it did not fit Simpson's hand. Because the prosecution relied on the glove as evidence of Simpson's presence at the scene, Cochran argued that the lack of fit proved Simpson's innocence: "It makes no sense; it doesn't fit; if it doesn't fit, you must acquit." "If it doesn't fit, you must acquit" was a refrain that Cochran also used in response to other points of the case.

==Origin==
In the episode, the character of Chef contacts a "major record company" executive, seeking to have his name credited as the composer of a fictional [[Alanis Morissette]] hit called "Stinky Britches". Chef's claim is substantiated by a 20‑year-old recording of Chef performing the song.

The record company refuses and hires Johnnie Cochran, who files a lawsuit against Chef for harassment. In court, Cochran resorts to his "famous" Chewbacca defense, which he "used during the Simpson trial," according to Chef's lawyer, [[Gerald and Sheila Broflovski|Gerald Broflovski]]. Although Broflovski uses logic, reasoning, and the fact that Chef properly copyrighted his work, Cochran counters with the following:
{{quote|
; Cochran : ...ladies and gentlemen of this {{em|supposed}} jury, I have one final thing I want you to consider. Ladies and gentlemen, {{em|this}} is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca {{em|lives}} on the planet Endor. Now think about it; {{em|that does not make sense!}}
; Gerald Broflovski : Damn it! ... He's using the Chewbacca defense!
; Cochran : Why would a Wookiee, an 8-foot-tall Wookiee, want to live on Endor, with a bunch of 2-foot-tall Ewoks? That does {{em|not make sense!}} But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It {{em|does not make sense!}} Look at me. I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, does it make sense? No! Ladies and gentlemen of this supposed jury, it does {{em|not make sense!}} If Chewbacca lives on Endor, you must acquit! The defense rests.<ref>[https://southpark.cc.com/clips/103454/the-chewbacca-defense Video of the scene] is available.</ref>}}

This statement is a parody of Cochran's closing arguments in the [[O. J. Simpson murder case]], where he said to the jury, "If it doesn't fit, you must acquit!" in reference to a courtroom demonstration in which Simpson appeared unable to fit a pair of bloody [[leather gloves]] found at the murder scene over the [[medical gloves]] he was wearing.<ref>{{cite web|url=http://www.cnn.com/resources/video.almanac/1995/index3.html#simpson.trial|title=CNN Interactive: Video Almanac – 1995|website=[[CNN]] |url-status=dead|archive-url=https://web.archive.org/web/20101204161119/http://www.cnn.com/resources/video.almanac/1995/index3.html#simpson.trial|archive-date=2010-12-04}}</ref><ref>{{cite web |title=O.J. Simpson Infamously Trying On Gloves At Trial |url=https://www.youtube.com/watch?v=16KaoVmVTPE#t=87 | archive-url=https://ghostarchive.org/varchive/youtube/20211118/16KaoVmVTPE| archive-date=2021-11-18 | url-status=live|website=YouTube |publisher=Investigation Discovery |access-date=11 September 2018}}{{cbignore}}</ref>

In the episode, Cochran's defense is successful. The jury finds Chef guilty of "harassing a major record label", after which the judge sets his punishment as either a $2 million fine to be paid within 24 hours or, failing that, four years in prison (the judge initially sentences him to eight million years before being corrected by a court officer).

Ultimately, a "Chef Aid" benefit concert is organized to raise money for Chef to hire Cochran for his own lawsuit against the record company. At the concert, Cochran has a change of heart and offers to represent Chef ''[[pro bono]].'' He again successfully uses the Chewbacca defense, this time to defeat the record company and force them to acknowledge Chef's authorship of their song. In the second use of the Chewbacca defense, he ends by taking out a monkey puppet and shouting, "Here, look at the monkey. Look at the silly monkey!" causing a juror's head to explode.

==Use==
The [[Associated Press]] obituary for Cochran mentioned the Chewbacca defense parody as one of the ways in which the attorney had entered [[popular culture|pop culture]].<ref>{{cite news
|url=http://www.signonsandiego.com/news/state/20050330-0134-ca-obit-cochranpopculture.html
|title=Cochran was rare attorney turned pop culture figure
|publisher=[[Associated Press]]
|date=March 30, 2005
|access-date=2007-01-27
|archive-date=September 15, 2012
|archive-url=https://archive.is/20120915/http://www.signonsandiego.com/news/state/20050330-0134-ca-obit-cochranpopculture.html
|url-status=dead
}}</ref>

Criminologist Thomas O'Connor says that when DNA evidence shows "inclusion", that is, does not exonerate a client by exclusion from the DNA sample provided, "About the only thing you can do is attack the lab for its (lack of) quality assurance and proficiency testing, or use a 'Chewbacca defense' … and try to razzle-dazzle the jury about how complex and complicated the other side's evidence or probability estimates are."<ref>{{cite web
|url=http://faculty.ncwc.edu/TOConnor/425/425lect15.htm 
|title=DNA Typing and Identification 
|author=Thomas O'Connor, Ph.D., Austin Peay State University Center at Ft. Campbell and North Carolina Wesleyan College 
|access-date=2007-01-27 
|archive-url=https://web.archive.org/web/20061009203657/http://faculty.ncwc.edu/TOConnor/425/425lect15.htm 
|archive-date=2006-10-09 
|url-status=dead 
}}</ref> Forensic scientist Erin Kenneally has argued that court challenges to [[digital evidence]] frequently use the Chewbacca defense by presenting multiple alternative explanations of forensic evidence obtained from computers and Internet providers to confuse the jury into [[reasonable doubt]]. Kenneally also provides methods that can be used to rebut a Chewbacca defense.<ref>{{cite web 
|url=http://www.flcourts.org/gen_public/stratplan/bin/Kenneally_presentation.pdf 
|title=Applying Admissibility, Reliability to Technology 
|author=Erin Kenneally, M.F.S., J.D. 
|publisher=[[Florida State Courts]] 
|access-date=2007-01-27 
|archive-url=https://web.archive.org/web/20061207201549/http://www.flcourts.org/gen_public/stratplan/bin/Kenneally_presentation.pdf 
|archive-date=2006-12-07 
|url-status=dead 
}}</ref><ref>{{cite web
|url = http://www.scilawforensics.com/presentations/wookie.pdf
|title = Poking the Wookie: the Chewbacca Defense in Digital Evidence Cases
|author = Anjali R. Swienton, M.F.S., J.D. Erin Kenneally, M.F.S., J.D.
|publisher = SciLaw Forensics, Ltd.
|access-date = 2007-01-27
|url-status = dead
|archive-url = https://web.archive.org/web/20071008211721/http://www.scilawforensics.com/presentations/wookie.pdf
|archive-date = 2007-10-08
}}</ref> Kenneally and colleague Anjali Swienton have presented this topic before the [[Florida]] State Court System and at the 2005 [[American Academy of Forensic Sciences]] annual meeting.<ref>{{cite web
|url=http://www.cerias.purdue.edu/site/news/view/upcoming_aafs_annual_meeting/
|title=Upcoming AAFS Annual Meeting
|publisher=CERIAS, Purdue [[University]]
|access-date=2007-01-27
|url-status=dead
|archive-url=https://web.archive.org/web/20090108155649/http://www.cerias.purdue.edu/site/news/view/upcoming_aafs_annual_meeting/
|archive-date=2009-01-08
}}</ref>

The term has also seen use in political commentary; [[Ellis Weiner]] wrote in ''[[The Huffington Post]]'' that [[Dinesh D'Souza]] was using the Chewbacca defense in criticism of then-new [[Speaker of the United States House of Representatives|Speaker of the House]] [[Nancy Pelosi]], defining it as when "someone asserts his claim by saying something so patently nonsensical that the listener's brain shuts down completely".<ref>{{cite news
|url=http://www.huffingtonpost.com/ellis-weiner/d-is-for-diabolical_b_39491.html
|title=D is for Diabolical
|author=Ellis Weiner
|author-link=Ellis Weiner
|work=[[The Huffington Post]]
|date=January 24, 2007
|access-date=2007-01-27}}</ref>

Jay Heinrichs' book ''[[Thank You for Arguing: What Aristotle, Lincoln, and Homer Simpson Can Teach Us About the Art of Persuasion|Thank You for Arguing]]'' states that the term "Chewbacca defense" is "sneaking into the lexicon" as another name for the [[red herring]] fallacy.<ref>{{cite book |title=Thank You for Arguing: What Aristotle, Lincoln, and Homer Simpson Can Teach Us About the Art of Persuasion |last=Heinrichs |first=Jay |year=2007 |publisher=Three Rivers Press |location=New York |isbn=978-0-307-34144-0 |pages=[https://archive.org/details/thankyouforargui00hein/page/148 148–49] |url-access=registration |url=https://archive.org/details/thankyouforargui00hein/page/148 }}</ref>

The term was used by [[Paul Krugman]], who wrote in ''[[The New York Times]]'' that [[John B. Taylor|John Taylor]] is using the Chewbacca defense as a seemingly last option for defending his hawkish monetary policy position, after years of publicly stating that "[[quantitative easing]] would lead to a major acceleration of [[inflation]]."<ref>{{cite news
|url=https://krugman.blogs.nytimes.com/2013/07/12/the-monetary-debate-enter-chewbacca/|title=The Monetary Debate: Enter Chewbacca
|author=Paul Krugman
|author-link=Paul Krugman
|newspaper=[[The New York Times]]
|date=July 12, 2013
|access-date=2013-07-12
}}</ref>

==Analysis by lawyers==
Lawyer Josh Gilliland states in their blog that "A judge likely would say, '[[I have a bad feeling about this]]' and possibly declare a mistrial if such an argument was made in court." Gilliland continued "A party successfully using the Chewbacca Defense to confuse the jury into engaging in [[jury nullification]] in a civil lawsuit runs the risk of the losing party winning on a [[Judgment notwithstanding verdict|Judgment Notwithstanding the Verdict]] (JNOV). In Chef's case, the copyright violation should have entitled him to a judgment as a matter of law."<ref>{{Cite web | url=https://thelegalgeeks.com/2013/05/03/a-legal-analysis-of-the-chewbacca-defense/ | title=A Legal Analysis of The Chewbacca Defense | website=The Legal Geeks | first=Josh | last=Gilliland | date=May 3, 2013}}</ref>

Lawyer [[Devin Stone]] outlined all the things that he claimed would never happen in a real world case, giving the episode a "C−" for legal accuracy.<ref>[[Devin Stone]], [https://www.youtube.com/watch?v=pa-Z5QCZQNg Real Lawyer Reacts to South Park Chewbacca Defense] (September 4, 2019).</ref>

==See also==
* {{annotated link|Affluenza|Affluenza defense}}
* {{annotated link|Dead cat strategy}}
* {{annotated link|The Pirate Bay trial#"King Kong" defense|King Kong defense}}
* {{annotated link|Matrix defense|''Matrix'' defense}}
* {{annotated link|Shaggy defense}}
* {{annotated link|Twinkie defense}}
* {{annotated link|Gish gallop}}

==References==
{{Reflist|30em}}

==Further reading==
* {{cite book
| last = Arp
| first = Robert
| author-link = Robert Arp
| title = South Park and Philosophy: You Know, I Learned Something Today
| date = 2006
| publisher = [[Blackwell Publishing]]
| location = Malden, MA
| isbn = 978-1-4051-6160-2
| chapter = The Chewbacca Defense: A South Park Logic Lesson
}}
* Browning, John G. (2014). "[https://www.texasbar.com/AM/Template.cfm?Section=Past_Issues&Template=/CM/ContentDisplay.cfm&ContentID=25089 A Long Time Ago, in A Courtroom Far, Far Away There's No Denying That the Force Is All Around Us-Even Judges Refer to George Lucas's Pop Culture Science Fiction Saga]", 77 ''Texas Bar Journal'' 158, 161

{{South Park}}
{{Star Wars}}
{{Authority control}}

[[Category:Criminal defenses]]
[[Category:English phrases]]
[[Category:South Park]]
[[Category:Star Wars fandom]]
[[Category:Informal legal terminology]]
[[Category:1998 neologisms]]
[[Category:Relevance fallacies]]
[[Category:Legal terminology from popular culture]]