The Language of Jury Trial

The Language of Jury Trial PDF

Author: C. Heffer

Publisher: Springer

Published: 2005-11-01

Total Pages: 269

ISBN-13: 0230502881

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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.

Trial Language

Trial Language PDF

Author: Gail Stygall

Publisher: John Benjamins Publishing

Published: 1994-11-10

Total Pages: 240

ISBN-13: 9027282846

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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.

Language and Power in Court

Language and Power in Court PDF

Author: J. Cotterill

Publisher: Springer

Published: 2003-10-14

Total Pages: 245

ISBN-13: 0230006019

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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.

Jury Trials in the Classroom

Jury Trials in the Classroom PDF

Author: Betty M. See

Publisher: Routledge

Published: 2021-09-03

Total Pages: 179

ISBN-13: 100049408X

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Transform your classroom into a courtroom and get ready for students to take part in a great learning adventure. The six trial simulations in this book let students delve into criminal and civil law with motivating cases that mirror situations in fairy tales, nursery rhymes, literature, and history. In the roles of attorneys, members of the jury, defendants, witnesses, and courtroom personnel, students prepare and conduct cases. They will learn to use statements of fact and witness affidavits to determine guilt or innocence. The book is divided into three sections that: define the types of courts in the U.S. court system; explain how to carry out a mock trial; and give six ready-to-use court cases, including all necessary documents. The court cases allow students to understand both criminal and civil trials, with three types of each case. The cases allow you to stage trials involving Hansel and Gretel, John Wilkes Booth, Little Miss Muffet, Romeo and Juliet, Jack and Jill, and Little Red Riding Hood. Don't miss this opportunity to teach critical thinking and teach students how to weigh opposing points of view. The exciting results will motivate students to exercise their reasoning skills, polish their communication skills, and apply knowledge of the legal system. This will become one of your favorite classroom adventures. For more judicial activities, see Blind Justice and On Trial. Grades 5-8

The Jury Crisis

The Jury Crisis PDF

Author: Drury R. Sherrod

Publisher: Rowman & Littlefield

Published: 2019-02-08

Total Pages: 192

ISBN-13: 1538109549

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Confronting readers with intellectual and moral dilemmas faced by real jurors, The Jury Crisis explores the near collapse of jury trials in America, examines alternative paths to justice and proposes how to restore trial by jury as the trusted foundation of American democracy.

We, the Jury

We, the Jury PDF

Author: Jeffrey B. Abramson

Publisher: Harvard University Press

Published: 2000

Total Pages: 356

ISBN-13: 9780674004306

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This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.

On the Jury Trial

On the Jury Trial PDF

Author: Thomas M. Melsheimer

Publisher: University of North Texas Press

Published: 2017-10-15

Total Pages: 288

ISBN-13: 1574417096

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Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.