Reconstructing Reality In The Courtroom
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Reconstructing Reality In The Courtroom
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Author : W. Lance Bennett
language : en
Publisher: Quid Pro Books
Release Date : 2014-03-13
Reconstructing Reality In The Courtroom written by W. Lance Bennett and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-13 with Law categories.
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.
Reconstructing Reality In The Courtroom
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Author : W. Lance Bennett
language : en
Publisher:
Release Date : 1984
Reconstructing Reality In The Courtroom written by W. Lance Bennett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with categories.
Rape And The Culture Of The Courtroom
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Author : Andrew E. Taslitz
language : en
Publisher: NYU Press
Release Date : 1999-06-01
Rape And The Culture Of The Courtroom written by Andrew E. Taslitz and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-06-01 with Law categories.
Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.
Beyond The Courtroom
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Author : Anthony J. Ragona
language : en
Publisher:
Release Date : 1984
Beyond The Courtroom written by Anthony J. Ragona and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Criminal justice, Administration of categories.
Exploring Courtroom Discourse
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Author : Le Cheng
language : en
Publisher: Routledge
Release Date : 2016-04-15
Exploring Courtroom Discourse written by Le Cheng and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
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.
Questions And Answers In The English Courtroom 1640 1760
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Author : Dawn Archer
language : en
Publisher: John Benjamins Publishing
Release Date : 2005-01-01
Questions And Answers In The English Courtroom 1640 1760 written by Dawn Archer and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Reference categories.
Printbegrænsninger: Der kan printes 10 sider ad gangen og max. 40 sider pr. session
Dilemmas In The Courtroom
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Author : Martha L. Komter
language : en
Publisher: Routledge
Release Date : 2020-07-24
Dilemmas In The Courtroom written by Martha L. Komter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-24 with Language Arts & Disciplines categories.
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.
A Theory Of The Trial
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Author : Robert P. Burns
language : en
Publisher: Princeton University Press
Release Date : 2001-10-08
A Theory Of The Trial written by Robert P. Burns and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-08 with Law categories.
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.
Language In The Judicial Process
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Author : Judith N. Levi
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
Language In The Judicial Process written by Judith N. Levi and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Language Arts & Disciplines categories.
Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
Arms And The University
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Author : Donald Alexander Downs
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-27
Arms And The University written by Donald Alexander Downs and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-27 with Education categories.
The gap between the U.S. military and society has widened in recent years, posing problems for the constitutional order. The gap is especially acute in major universities. Arms and the University probes various dimensions of the tense relationship between the military and the university. Developing and applying a theory of civic and liberal education, this book shows how some military presence on campus can contribute to the diversity of ideas and the education of all students.