Reconstructing Reality in the Courtroom

Reconstructing Reality in the Courtroom
Title Reconstructing Reality in the Courtroom PDF eBook
Author W. Lance Bennett
Publisher
Pages 224
Release 1981
Genre Law
ISBN

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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.

Reconstructing Reality in the Courtroom

Reconstructing Reality in the Courtroom
Title Reconstructing Reality in the Courtroom PDF eBook
Author W. Lance Bennett
Publisher Taylor & Francis
Pages 203
Release 1981
Genre Criminal procedure
ISBN 9780422778404

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Reconstructing Reality in the Courtroom

Reconstructing Reality in the Courtroom
Title Reconstructing Reality in the Courtroom PDF eBook
Author W. Lance Bennett
Publisher Quid Pro Books
Pages 194
Release 2014-03-13
Genre Law
ISBN 1610272307

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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

Reconstructing Reality in the Courtroom
Title Reconstructing Reality in the Courtroom PDF eBook
Author W. Lance Bennett
Publisher
Pages 213
Release 1984
Genre
ISBN 9780783756578

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Contemplating Courts

Contemplating Courts
Title Contemplating Courts PDF eBook
Author Lee Epstein
Publisher CQ Press
Pages 521
Release 1995-01-01
Genre Political Science
ISBN 1483301001

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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.

The Impact of Scientific Evidence on the Criminal Trial

The Impact of Scientific Evidence on the Criminal Trial
Title The Impact of Scientific Evidence on the Criminal Trial PDF eBook
Author Oriola Sallavaci
Publisher Routledge
Pages 220
Release 2014-02-05
Genre Law
ISBN 1317910915

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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.

Christian Science on Trial

Christian Science on Trial
Title Christian Science on Trial PDF eBook
Author Rennie B. Schoepflin
Publisher JHU Press
Pages 334
Release 2003-05-22
Genre Medical
ISBN 0801877679

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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.