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Author: W. Lance Bennett
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 224
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Book Description
The authors suggest that the American criminal trial is organized around storytelling. To document the validity of this theory, they make use of data from more than sixty trials covering a variety of offenses ranging from shoplifting to murder.
Author: W. Lance Bennett
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 224
Get Book Here
Book Description
The authors suggest that the American criminal trial is organized around storytelling. To document the validity of this theory, they make use of data from more than sixty trials covering a variety of offenses ranging from shoplifting to murder.
Author: W. Lance Bennett
Publisher: Taylor & Francis
ISBN: 9780422778404
Category : Criminal procedure
Languages : en
Pages : 203
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Book Description
Author: W. Lance Bennett
Publisher: Quid Pro Books
ISBN: 1610272307
Category : Law
Languages : en
Pages : 194
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Book Description
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.
Author: W. Lance Bennett
Publisher:
ISBN: 9780783756578
Category :
Languages : en
Pages : 213
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Book Description
Author: Lee Epstein
Publisher: CQ Press
ISBN: 1483301001
Category : Political Science
Languages : en
Pages : 521
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Book Description
Seventeen thought-provoking essays in this sophisticated yet accessible reader demonstrate how political scientists conduct research on law, courts, and the judicial process, and at the same time answer interesting, substantive questions. Illustrating the breadth and depth of judicial politics studies, the essays convey to students the array of contemporary thinking -- both theoretical and methodological -- at work in the field. The book's five parts cover subjects taught in most judicial politics courses. Because each chapter stands alone, instructors have the flexibility of assigning less than the whole book or chapters in a different order. Topics examined range from information used by voters electing judges to the credibility of victims of sexualized violence. Accessible to both undergraduate and graduate students, Contemplating Courts offers fascinating views into both the law and courts field and the research process itself. Epstein provides in the first chapter an overview of the key elements of judicial process research and defines key terms. Technical notes and methodology appendices offer students additional guidance.
Author: Oriola Sallavaci
Publisher: Routledge
ISBN: 1317910915
Category : Law
Languages : en
Pages : 220
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Book Description
This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.
Author: Rennie B. Schoepflin
Publisher: JHU Press
ISBN: 0801877679
Category : Medical
Languages : en
Pages : 334
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Book Description
In Christian Science on Trial, historian Rennie B. Schoepflin shows how Christian Science healing became a viable alternative to medicine at the end of the nineteenth century. Christian Scientists did not simply evangelize for their religious beliefs; they engaged in a healing business that offered a therapeutic alternative to many patients for whom medicine had proven unsatisfactory. Tracing the evolution of Christian Science during the late nineteenth and early twentieth centuries, Christian Science on Trial illuminates the movement's struggle for existence against the efforts of organized American medicine to curtail its activities. Physicians exhibited an anxiety and tenacity to trivialize and control Christian Scientists which indicates a lack of confidence among the turn-of-the-century medical profession about who controlled American health care. The limited authority of the medical community becomes even clearer through Schoepflin's examination of the pitched battles fought by physicians and Christian Scientists in America's courtrooms and legislative halls over the legality of Christian Science healing. While the issues of medical licensing, the meaning of medical practice, and the supposed right of Americans to therapeutic choice dominated early debates, later confrontations saw the legal issues shift to matters of contagious disease, public safety, and children's rights. Throughout, Christian Scientists revealed their ambiguous status as medical practitioners and religious healers. The 1920s witnessed an unsteady truce between American medicine and Christian Science. The ambivalence of many Americans about the practice of religious healing persisted, however. In Christian Science on Trial we gain a helpful historical context for understanding late–twentieth-century public debates over children's rights, parental responsibility, and the authority of modern medicine.
Author: Dawn Watkins
Publisher: Routledge
ISBN: 131538664X
Category : Law
Languages : en
Pages : 369
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Book Description
Explaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of ‘lay decision makers in the legal system’ from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.
Author: Neal Feigenson
Publisher: NYU Press
ISBN: 0814727581
Category : Business & Economics
Languages : en
Pages : 350
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Book Description
Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making? In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law’s movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.
Author: Robert P. Burns
Publisher: Princeton University Press
ISBN: 1400823374
Category : Law
Languages : en
Pages : 258
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Book Description
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.
