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The Language Of Jury Trial
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Book Synopsis The Language of Jury Trial by : C. Heffer
Download or read book The Language of Jury Trial written by C. Heffer and published by Springer. This book was released on 2005-11-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Trial Language written by Gail Stygall and published by John Benjamins Publishing. This book was released on 1994-11-10 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Jury Trial Innovations by : G. T. Munsterman
Download or read book Jury Trial Innovations written by G. T. Munsterman and published by . This book was released on 1997 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Handbook for trial jurors serving in the United States District Courts by :
Download or read book Handbook for trial jurors serving in the United States District Courts written by and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: ... The purpose of this handbook is to acquaint trial jurors with the general nature and importance of their role as jurors; explains some of the language and procedures used in court, and offers some suggestions helpful to jurors in performing their duty ...
Book Synopsis Language and Power in Court by : J. Cotterill
Download or read book Language and Power in Court written by J. Cotterill and published by Springer. This book was released on 2003-10-14 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis On the Jury Trial by : Thomas M. Melsheimer
Download or read book On the Jury Trial written by Thomas M. Melsheimer and published by University of North Texas Press. This book was released on 2017-10-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Jury Trials in the Classroom by : Betty M. See
Download or read book Jury Trials in the Classroom written by Betty M. See and published by Routledge. This book was released on 2021-09-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Through the Eyes of the Juror written by and published by . This book was released on 1998 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Juror's Handbook written by Lynn Buchanan and published by . This book was released on 2005-01-01 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.
Book Synopsis The Jury Crisis by : Drury R. Sherrod
Download or read book The Jury Crisis written by Drury R. Sherrod and published by Rowman & Littlefield. This book was released on 2019-02-08 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis We, the Jury by : Jeffrey B. Abramson
Download or read book We, the Jury written by Jeffrey B. Abramson and published by Harvard University Press. This book was released on 2000 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Thomas More's Trial by Jury by : Henry Ansgar Kelly
Download or read book Thomas More's Trial by Jury written by Henry Ansgar Kelly and published by Boydell & Brewer Ltd. This book was released on 2011 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the recently established consensus that the trial was a carefully prepared and executed judicial process in which the judges were amenable to reasonable arguments. Thomas More's treason trial in 1535 is one of history's most famous court cases, yet never before have all the major documents been collected, translated, and analyzed by a team of legal and Tudor scholars. This edition serves asan important sourcebook and concludes with a 'docudrama' reconstructing the course of the trial based on these documents. Legal experts H. A. Kelly and R. H. Helmholz take different approaches to the legalities of this trial, and four experienced judges [including Justice of the Queen's Bench Sir Michael Tugendhat] discuss the trial with some disagreements - notably on the meaning and requirement of 'malice' called for in the Parliamentary Act of Supremacy. More's own accounts of his interrogations in prison are analyzed, and the trial's procedures are compared to and contrasted with 16th-century concepts of natural law and also modern judicial practices and principles. The book is a 'must read' not only for students of law and Tudor history but also for all concerned with justice and due process. As a whole, the book challenges Duncan Derrett's conclusions that the trial was conducted in accord with contemporary legal norms and that More was convicted only on the single charge of denying Parliament the power to declare Henry VIII Supreme Head of the English Church [testified to by Richard Rich] - a position that has been uniformly accepted by historians since 1964. HENRY ANSGAR KELLY is past Director of the Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN is an attorney with the California Court of Appeal and Fellow of the Center for Thomas More Studies, University of Dallas. GERARD B. WEGEMER is Director of the Center for Thomas More Studies.
Download or read book Trial Language written by Gail Stygall and published by John Benjamins Publishing. This book was released on 1994-01-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The American Jury System by : Randolph N. Jonakait
Download or read book The American Jury System written by Randolph N. Jonakait and published by Yale University Press. This book was released on 2003-01-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this important and accessible book, a prominent expert on constitutional law examines these and other issues concerning the American jury system. Randolph N. Jonakait describes the historical and social pressures that have driven the development of the jury system; contrasts the American jury system to the legal process in other countries; reveals subtle changes in the popular view of juries; examines how the news media, movies, and books portray and even affect the system; and discusses the empirical data that show how juries actually operate and what influences their decisions.
Book Synopsis History of Trial by Jury by : William Forsyth
Download or read book History of Trial by Jury written by William Forsyth and published by The Lawbook Exchange, Ltd.. This book was released on 1994 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Origins of the English Jury. Originally published: Jersey City: Frederick D. Linn, [1875]. x, 388 pp. First published in England in 1852, Forsyth's History of Trial by Jury is the first full-scale historical account of the rise and growth of the jury system in England. Highly regarded, this book went through 37 editions. The first American edition, the source of this reprint, adds a number of notes and corrections to American references in previous editions. "An excellent summary of the opinions of leading legal writers as well as conventional historians regarding the origins of trial by jury was set forth by an Englishman, William Forsyth, in his excellent book entitled History of Trial by Jury. (. . .) Various writers, according to Forsyth, attribute the origin of the English jury to a recognition of the principle that no man ought to be condemned except by the voice of his fellow citizens. Forsyth committed himself to the belief that trial by jury did not owe its existence to any positive law, that it was not created by any Act of Parliament, but grew out of usages and customs of society that eventually passed away. Forsyth concluded his observations by saying that "the jury does not owe its existence to any preconceived theory of jurisprudence, but that it gradually grew out of forms previously in use and was composed of elements long familiar to the people in general." -- Robert H. White, 29 Tennessee Law Review 29 (1961-1962) 14 William Forsyth [1812-1899] was an English lawyer and author of many works on law and literature, including The History of Lawyers (1849).
Book Synopsis A Trial by Jury by : D. Graham Burnett
Download or read book A Trial by Jury written by D. Graham Burnett and published by Vintage. This book was released on 2002-01-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Princeton historian D. Graham Burnett answered his jury duty summons, he expected to spend a few days catching up on his reading in the court waiting room. Instead, he finds himself thrust into a high-pressure role as the jury foreman in a Manhattan trial. There he comes face to face with a stunning act of violence, a maze of conflicting evidence, and a parade of bizarre witnesses. But it is later, behind the closed door of the jury room, that he encounters the essence of the jury experience — he and eleven citizens from radically different backgrounds must hammer consensus out of confusion and strong disagreement. By the time he hands over the jury’s verdict, Burnett has undergone real transformation, not just in his attitude toward the legal system, but in his understanding of himself and his peers. Offering a compelling courtroom drama and an intimate and sometimes humorous portrait of a fractious jury, A Trial by Jury is also a finely nuanced examination of law and justice, personal responsibility and civic duty, and the dynamics of power and authority between twelve equal people.
Download or read book Verdict written by Morris J. Bloomstein and published by Dodd Mead. This book was released on 1972 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
