Download or read book Discourse on the Trial by Jury Read before the American Philosophical Society May 1 1863 written by Eli Kirk PRICE and published by . This book was released on 1863 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discourse on the Trial by Jury written by Eli Kirk Price and published by . This book was released on 1863 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Language of Jury Trial written by C. Heffer and published by Springer. This book was released on 2005-11-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.
Download or read book Trial Language written by Gail Stygall and published by John Benjamins Publishing. This book was released on 1994-01-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic burden accompanying the legal burden of proof in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Download or read book The Jury Summation as Speech Genre written by Bettyruth Walter and published by John Benjamins Publishing. This book was released on 1988-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American courtroom trial is a speech situation. Everything occurs through the spoken word. The 'summation', as speech event embedded within the trial, which is the chronological and psychological culmination of it, is one of the few opportunities for the lawyer to communicate directly with jurors. But the speech genre summation involves preliminaries as well as the event itself; and it can affect the aftermath of the trial, for the decisions of the jurors may be influenced by this discourse.This ethnographic study considers the summation from three perspectives: that of the producer, from the point of view of the ethnographer who observed and analyzed sixty-six actual summations and from that of the receivers of the speech event who must act upon it. Information was obtained from post-deliberation questionnaires completed by 223 jurors, plus 35 alternate jurors.
Download or read book Trial Language written by Gail Stygall and published by . This book was released on 1989 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jury Trials and the Popularization of Legal Language written by Patrizia Anesa and published by Linguistic Insights. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the techniques and discursive strategies that are typical of the communicative interactions between professionals and laymen in a jury trial. It also investigates the complex relationship that emerges between written and oral communication in different phases of the trial. The analysis takes into account the many nuances that define these dynamics and the various possibilities that the jurors have to intervene in the process, particularly in the light of recent procedural developments. Special attention is devoted to the observation of the specific strategies adopted to illustrate legal ideas and concepts to the jurors according to the speakers' various communicative purposes. By adopting a discourse analytical perspective which combines both qualitative and quantitative approaches, the book highlights the hybridity of the language used in court and the combination of different styles and registers.
Download or read book Language and Power in Court written by J. Cotterill and published by Springer. This book was released on 2003-10-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in (re)presenting and (re)constructing the crime. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors. The result is a unique multi-dimensional insight into the 'Trial of the Century' from a linguistic and discursive perspective.
Download or read book Guiteau Trial written by John K. Porter and published by Forgotten Books. This book was released on 2015-07-18 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Guiteau Trial: Closing Speech to the Jury of John K. Porter, of New York The court met at ten o'clock; counsel for Government and accused being present. Argument. Mr. Porter. If it please your honor, gentlemen of the jury. In the infirmity of my own health, for I share your weariness, I proceed as well as I can to discharge the duty imposed upon me. Having been ill for over a week, the consequence of exposure to not only the confinement here, which we have shared with you, but also to labors out of court for over two months, I feared that I might have to abandon the attempt to address you at all. But the nature of the duty imposed upon me, not by my own seeking or procurement, is such that I should feel, as if I were almost an accessory after the fact to the prisoner's crime, if I omitted to say what my strength will permit, to aid you in reaching a just conclusion. Gentlemen, I am sorry to say that thus far, unavoidably, the trial has been conducted and controlled to an unusual extent by the prisoner and his counsel, Mr. Scoville. Everybody has been arraigned, everybody denounced, everybody interrupted at their will. I have received notice from both of these two Guiteaus, that I am to be interrupted now; that I am to be permitted to utter nothing which each or either of those gentlemen, appearing as joint counsel in the case, may happen to disapprove. I believe, nevertheless, that what I think it necessary to say will be said, whatever obstacles they choose to interpose. It will be submitted in no rhetorical form, but with the earnestness and directness with which, if I were sitting by your own hearthstones, and reviewing the case in the spirit of perfect frankness and sincerity on your part and on mine, we should wish to discuss it. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Trial by Jury written by John Stoddart and published by . This book was released on 1830 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Redefining Trial by Media written by Simon Statham and published by John Benjamins Publishing Company. This book was released on 2016-06-14 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Redefining Trial by Media: Towards a critical-forensic linguistic interface applies a range of linguistic models to recast trial by media not as a sensationalist and infrequent phenomenon, but as a systematic and routine process. Using critical discourse analysis and cognitive linguistic models, this book builds a Spectrum of Trial by Media which views juries in criminal trials as moulded by ideological media-made constructions of crime. The role of these media constructions is enhanced by the isolation levied on jurors by the linguistic composition of trial language, and reinforced by the language strategies of legal professionals in court. Critically deconstructing media portrayals of crime and forensically examining the language of criminal proceedings, this book offers a redefinition of trial by media which casts the role of the press as much more prevalent in the courtroom trial than is presently appreciated.
Download or read book Law and the Language of Identity written by Gregory M. Matoesian and published by Oxford University Press, USA. This book was released on 2001 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an indepth analysis of language use and its role in that trial and the law more generally.
Download or read book A Theory of the Trial written by Robert P Burns and published by . This book was released on 1999-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Download or read book An Essay on the Trial by Jury written by Lysander Spooner and published by University of Michigan Library. This book was released on 1852 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is'
Download or read book A Theory of the Trial written by Robert P. Burns and published by Princeton University Press. This book was released on 2001-10-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Download or read book ABA Standards for Criminal Justice written by Kevin Scruggs and published by . This book was released on 2016-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pragmatics of Quoting Now and Then written by Jenny Arendholz and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-07-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In examining the phenomenon of quoting from multiple angles, The Pragmatics of Quoting Now and Then offers a fresh view on the forms, functions and usage of quoting as a meta-communicative act in various forms of old (printed) and new (electronically mediated) communication, setting it apart from (seemingly) related acts like repeating or referring. Recent interest in the formal (copy-paste quoting) and ethical (quoting as plagiarizing) aspects of quoting has been gaining considerable momentum in linguistics (and other disciplines), predominantly fuelled by enormous technological progress and the impact on both the procedure of quoting itself and its appraisal in public discourse. Embracing a broad, interdisciplinary perspective, the authors pay special tribute to the inherent complementarity of both synchronic and diachronic perspectives. With contributions pinpointing the formal and functional evolution of quoting and tracing trends in linguistic variation, this volume brings together interpersonal pragmatics, sociolinguistics, historical, cognitive and text linguistics as well as cultural studies. In this way, the present title provides a more comprehensive and integral understanding of the nature of quoting.
