Download or read book Reconstructing Reality in the Courtroom written by W. Lance Bennett and published by Quid Pro Books. This book was released on 2014-03-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative—the who, what, where, when, how, why—and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the book offers “timeless insights” as its authors “adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment.” Law-and-society scholar Anna-Maria Marshall writes that the book's “emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role.... This new edition will be a welcome addition to the Law and Society community.” "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." — Elizabeth F. Loftus Distinguished Professor, University of California, Irvine Author, "Eyewitness Testimony" (1996) "This classic law and society study on the power of legal stories is a rich and compelling empirical analysis of the dynamics of story construction in trials. The book remains an essential resource for law students, litigators, academics, and any others who wish to understand the interpretive significance of the stories told in the courtroom." — Jeannine Bell Professor of Law and Neizer Faculty Fellow, Indiana University Maurer School of Law — Bloomington Author, "Hate Thy Neighbor" (2013) Part of the Classics of Law & Society Series from Quid Pro Books.
Download or read book Reconstructing Reality in the Courtroom written by W. Lance Bennett and published by . This book was released on 1984 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Seeing Justice written by Mary Angela Bock and published by Oxford University Press. This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Playing with Fire -- Images of Discipline -- Walks of Shame -- Spectacular Trials -- What Picture Would They Use? -- What's So Special About Video? -- Filming Police -- Police and Image Maintenance -- Everyday Racism and Rudeness -- Playing (Safely) With Fire.
Download or read book More Than Victims written by Donald Alexander Downs and published by University of Chicago Press. This book was released on 1998-10 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Donald Downs offers an analysis of the injustices behind the logic of battered woman syndrome, concluding that this very logic harms those it is trying to protect. This work seeks to rethink the criminal justice system.
Download or read book Exploring Courtroom Discourse written by Le Cheng and published by Routledge. This book was released on 2016-04-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.
Download or read book Dilemmas in the Courtroom written by Martha L. Komter and published by Routledge. This book was released on 2020-07-24 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interactional dilemmas occur when participants are required to engage in two contradictory activities at the same time or orient to two conflicting goals. The existence of such dilemmas provides a context for interactants to be creative, pro-active, and indeed strategic as they maneuver between the numerous demands placed on them and produce behavior that fits the ongoing communication episode. Trials are one such episode in which the various participants -- in this case, the judge, the defendant, and lawyers -- experience interactional dilemmas and work to resolve these through their behavior. This volume offers an analysis of both the institutional factors which promote dilemmas during court proceedings and the interactional behaviors used by trial participants to navigate these dilemmas. Using ethnomethodology, conversation analysis, and ethnography as complementary methods, Komter's research combines an understanding of the legal rules for courtroom procedure and crime descriptions, with details of actual trial discourse. The analysis is based upon fieldnotes of 48 trials and audiotapes of 31 trials, all related to violent crimes and occurring in courtrooms in Amsterdam, Utrecht, and Haarlem. Dilemmas reflect enduring conflicts of interest or values; they derive from the ongoing institutional and interactional positions of the various courtroom participants. Komter points to the existence of dilemmas and to their role in shaping unfolding interaction during the trials. She especially highlights the different dilemmas faced by judges and suspects, and the ways in which behavior on the part of one constrains that of the other. She further reveals the wide variety of ways in which interactants handle dilemmas -- their innovativeness and resourcefulness -- and the consequences these have for the unfolding interaction and the court's ultimate judgment. Of course, dilemmas are not only relevant to an understanding of judicial interaction. This study has implications for other contexts, since concerns with credibility, blame, responsibility, and morality -- and their opposites -- are incorporated into many everyday interactions. This volume examines behavior that is quite specific to a single context, yet its conclusions bear upon a wide range of communication events. Of interest to scholars in communication, linguistics, anthropology, criminal justice, or those with interests in ethnomethodology, conversation analysis, and ethnography.
Download or read book Spacing Law and Politics written by Leif Dahlberg and published by Routledge. This book was released on 2016-04-20 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on to the contemporary courtroom, it considers legal and philosophical texts, artistic and literary works, as well as judicial practices, in order to elicit and document a series of critical moments in the history of juridical space. Offering a more nuanced understanding of law than that found in traditional philosophical, political or social accounts of legal history, Dahlberg forges a critical account of the intimate relations between law and politics that shows how juridical space is determined and conditioned in ways that are integral to the very functioning – and malfunctioning – of law.
Download or read book The Oxford Handbook of Law and Humanities written by Simon Stern and published by Oxford University Press, USA. This book was released on 2020-01-16 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
Download or read book Communication in Legal Advocacy written by Richard D. Rieke and published by Univ of South Carolina Press. This book was released on 2022-03-07 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Communication in Legal Advocacy integrates work in legal theory, communication theory, social science research, and strategic planning to provide a comprehensive anaysis of the communication processes in trials. Responding to the emerging interest in alternative dispute resolution, the book situates the trial within the broadercontext of dispute resolution, calling attention to the ways in which negotiation, mediation, and arbitration interrelate with trials. This study bends traditional argumentative analyses such as the rational-world notions of adversary proceedings, presumption, burden of proof, and essential issues with contemporary ideas of narrative rationality. The volume offers the reader a practical and strategic guide to effective trial advocacy, and it provides theoretical insights into trials as socially sanctioned mechanisms of dispute resolution.
Download or read book Psychology in and out of Court written by M. King and published by Elsevier. This book was released on 2016-01-26 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a critical study of the work of legal psychologists, particularly in the United States, and the assumptions upon which the work is based. It rejects an experimentalist model of legal psychology and claims that the use of such a model is not scientific and therefore superior to other ways of analysing the legal system. It proposes ultimately an approach based upon the interpretive nature of human social experience and its effects upon behavior.
Download or read book Beyond the Courtroom written by Anthony J. Ragona and published by . This book was released on 1984 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bill Clinton on Stump State and Stage written by Stephen A. Smith and published by University of Arkansas Press. This book was released on 1994-01-01 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outstanding scholars of political communication examine President Clinton's campaign--his words, texts, and the dynamics of his ability to inspire the public as "the man from Hope."
Download or read book Women Murder and Equity in Early Modern England written by Randall Martin and published by Routledge. This book was released on 2007-12-12 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive study of over 120 printed news reports of murders and infanticides committed by early modern women. It offers an interdisciplinary analysis of female homicide in post-Reformation news formats ranging from ballads to newspapers. Individual cases are illuminated in relation to changing legal, religious, and political contexts, as well as the dynamic growth of commercial crime-news and readership.
Download or read book Lawyer Evaluation in Chinese Courtroom written by Liping Zhang and published by Springer Nature. This book was released on with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Trial Lawyer s Art written by Sam Schrager and published by Temple University Press. This book was released on 2000-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers sway jurors in the heat of a trial? Why do the best trial lawyers seem uncannily able to get the verdict they want? In addressing these questions, folklorist Sam Schrager validates - with a twist - the widespread belief that lawyers are actors who manipulate the truth. Schrager shows that attorneys have no choice but to treat the jury trial as an artful performance, as storytelling combat in which victory most often goes to the lawyer with superior control of craft. Read about the performance styles of some of the nation's most artful criminal and civil advocates - including litigating stars from around the country, such as Roy Barrera, Penny Cooper, Jo Ann Harris, Tony Serra, and Michael Tigar - and from Philadelphia, prosecutor Roger King, defender Robert Mozenter, and the legendary Cecil B. Moore.
Download or read book Law and the Humanities written by Austin Sarat and published by Cambridge University Press. This book was released on 2010 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
