Author: David A. Ball
Publisher: Natl Inst for Trial Advocacy
Release Date: 2003-09
"In well-organized chapters on the trial's characters, rehearsal techniques, audience, props, plot, & point of view, Ball's book provides useful advice to novice & experience legal actors. "Even those who never try a jury case will learn a lot about audience persuasion which is a crucial skill in many theaters of a lawyer's life besides producer, theater professor & trial consultant has woven together a highly readable compendium of "how to's" & "how not to's" for trial lawyers. I highly recommend this book for trial attorneys with limited experience. Even seasoned trial attorneys will find Mr. Ball's book a valuable mini-refresher course. The book shows trial lawyers how to use concepts from theater to persuade & motivate. After all, there is no finer stage than the courtroom & no In this revised & expanded second edition, Ball provides practical guidance for voir dire, openings & closings, testimony, & focus groups. He describes what practitioners can learn from actors about their manner, voice projection, & behavior. He tells how to grab the jury from the beginning just as a good movie opening captures the audience. He details the preparation of your "cast" of witnesses so they testify clearly, credibly, & memorably. And he offers advice on telling your story so that it commands attention & motivates jurors to argue for your side.
Author: William T. Pizzi
Publisher: NYU Press
Release Date: 2000-06-01
A former federal prosecutor and present professor of law demonstrates the corruption of the trial system, criticizing the way lawyers are permitted to turn the criminal proceedings to their own ends and offering a prescription for a truly just system. UP.
Author: Thomas A. Mauet
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-03-12
By far the most thorough and detailed of the books in the field, Trial Techniques and Trials, Tenth Edition is a comprehensive yet concise handbook that covers all aspects of the trial process and provides excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more. Extensive examples are clustered into three groups: personal injury, commercial, and criminal for ease in finding particular areas of trial practice. Tom Mauet, renowned for his skills both as a writer and litigator, breaks the trial process down into its critical components for better and quicker student comprehension.
Author: Michael Singer
Release Date: 2012-07-06
Genre: Political Science
Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year.
Author: David Faust
Publisher: Oxford University Press
Release Date: 2012-01-12
"This highly effective guide is designed to help attorneys differentiate expert testimony that is scientifically well-established from authoritative pronouncements that are mainly speculative. Building on the foundation of Jay Ziskin's classic work, this updated text blends the best of previous editions with discussion of positive scientific advances in the field to provide practical guidance for experts and lawyers alike. Major contributors in the field summarize the state of the literature in numerous key areas of the behavioral sciences and law. Working from these foundations, the text provides extensive guidance, tips, and strategies for improving the quality of legal evaluations and testimony, appraising the trustworthiness of experts' opinions, and as follows, bolstering or challenging conclusions in a compelling manner. Distinctive features of this text include detailed coverage of admissibility and Daubert challenges, with unique chapters written by an eminently qualified judge and attorney; hundreds of helpful suggestions covering such topics as forensic evaluations, discovery, and the conduct of depositions and cross-examinations; and two chapters on the use of visuals to enhance communication and persuasiveness, including a unique chapter with over 125 model visuals for cases in psychology and law. More than ever, the sixth edition is an invaluable teaching tool and resource, making it a 'must have' for mental health professionals and attorneys"--
Author: Douglas O. Linder
Publisher: Oxford University Press
Release Date: 2014-05-01
Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of top-notch attorneys at work to explain just what makes a good lawyer. They outline and analyze several crucial qualities: courage, empathy, integrity, diligence, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. Many qualities require apportionment in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness; working too hard leads to exhaustion and mistakes. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point, but if properly recognized and approached, they can be overcome. It's not easy being good, but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to become a better--and, almost always, more fulfilled--lawyer.
Author: Dan Simon
Publisher: Harvard University Press
Release Date: 2012-06-30
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
Author: William L. Dwyer
Release Date: 2004-08-01
In a passionate warning that is not only well-reasoned, as becomes a renowned former trial lawyer and present federal judge, but is also a compelling and entertaining read, William L. Dwyer defies those who would abolish our jury system and hand over its power to judges or to panels of "experts." He aims, by making his readers aware of what should be done, to help us save what he calls "America's most democratic institution." In an overview of litigation's universe, Dwyer goes back several centuries to describe the often terrifying ways our ancestors arrived at verdicts of guilt or innocence. Tracing the evolution of our present-day system, he gives us excerpts from the actual records of such trials as that of young William Penn, arrested for preaching Quaker beliefs in public; the Salem witch trials; and the landmark civil rights trial of 18th century newspaper publisher John Peter Zenger, whose attorney was the original "Philadelphia lawyer." Along with these famous courtroom episodes are many never before described in print, all of them infused with the drama that gives life to the law. Dwyer's language is clear and engaging - a pleasant surprise for readers apprehensive about legal gobbledygook. He has a store of courtroom "war stories," some inspiring, some alarming, many enlivened by gleams of the author's wry humor. Underlying that humor, however, is the judge's fear that the jury system is endangered by neglect and misunderstanding, and could be lost without the public being aware of what is happening. The book shows that despite much adverse publicity, the American jury still works capably, at times brilliantly, when given a fair chance by the legal professionals who run trials. Consequently, the author deals with what has gone wrong with American litigation, the controversy over the jury's competence and integrity, and trial and pretrial reforms that must be made to save trial by jury and reshape American litigation in the twenty-first century.
Author: Brian H. Bornstein
Publisher: Springer Science & Business Media
Release Date: 2009-10-20
From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion. Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.
Author: Thomas G. Gutheil
Publisher: American Psychiatric Pub
Release Date: 2009-02-20
Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998. A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: A glossary of useful terms Expanded definitions of key concepts A lengthened discussion of bias in testimony Additional illustrative examples A model forensic consent form for examination Cases and principles that have arisen since the first edition The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings. While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.
A U.S. citizen constructs a car bomb to blow up a federal building. A popular sports figure is accused of domestic abuse and murder. Cities nationwide enact no-smoking laws. The Catholic Church agrees to pay millions of dollars to victims of priests sexual abuse. These and other highly publicized, once unthinkable issues and events have been pivotal in Americas legal history and are showcased in this compelling examination of how communication is at the core of legal processes. Schuetz familiarizes readers first with contemporary and conventional theories of communication (discourse, language, argumentation, narrative, dramatism, and games), and then with fundamental legal principles, procedures, and protocols. Next, through one or more of the communication lenses previously discussed, she examines and analyzes how the communication of attorneys, defendants, witnesses, and judges inside the courtroom and of the media outside the courtroom affect the dynamics and, in some instances, the outcome of nine legal cases. An awareness of such communication perspectives when one observes a trial, reads or sees a media representation of a legal proceeding, or engages in critical analysis of a legal practice or process broadens understanding and fosters the ability to have informed opinions about meaningful social agendas.
Author: Peter A. O'Connell
Publisher: University of Texas Press
Release Date: 2017-03-01
In ancient Athenian courts of law, litigants presented their cases before juries of several hundred citizens. Their speeches effectively constituted performances that used the speakers’ appearances, gestures, tones of voice, and emotional appeals as much as their words to persuade the jury. Today, all that remains of Attic forensic speeches from the fifth and fourth centuries BCE are written texts, but, as Peter A. O’Connell convincingly demonstrates in this innovative book, a careful study of the speeches’ rhetoric of seeing can bring their performative aspect to life. Offering new interpretations of a wide range of Athenian forensic speeches, including detailed discussions of Demosthenes’ On the False Embassy, Aeschines’ Against Ktesiphon, and Lysias’ Against Andocides, O’Connell shows how litigants turned the jurors’ scrutiny to their advantage by manipulating their sense of sight. He analyzes how the litigants’ words work together with their movements and physical appearance, how they exploit the Athenian preference for visual evidence through the language of seeing and showing, and how they plant images in their jurors’ minds. These findings, which draw on ancient rhetorical theories about performance, seeing, and knowledge as well as modern legal discourse analysis, deepen our understanding of Athenian notions of visuality. They also uncover parallels among forensic, medical, sophistic, and historiographic discourses that reflect a shared concern with how listeners come to know what they have not seen.
Author: Stephen Middleton
Publisher: Univ. Press of Mississippi
Release Date: 2016-04-13
Genre: Social Science
This volume collects interdisciplinary essays that examine the crucial intersection between whiteness as a privileged racial category and the various material practices (social, cultural, political, and economic) that undergird white ideological influence in America. In truth, the need to examine whiteness as a problem has rarely been grasped outside academic circles. The ubiquity of whiteness—its pervasive quality as an ideal that is at once omnipresent and invisible—makes it the very epitome of the mainstream in America. And yet the undeniable relationship between whiteness and inequality in this country necessitates a thorough interrogation of its formation, its representation, and its reproduction. Essays here seek to do just that work. Editors and contributors interrogate whiteness as a social construct, revealing the underpinnings of narratives that foster white skin as an ideal of beauty, intelligence, and power. Contributors examine whiteness from several disciplinary perspectives, including history, communication, law, sociology, and literature. Its breadth and depth makes The Construction of Whiteness a refined introduction to the critical study of race for a new generation of scholars, undergraduates, and graduate students. Moreover, the interdisciplinary approach of the collection will appeal to scholars in African and African American studies, ethnic studies, cultural studies, legal studies, and more. This collection delivers an important contribution to the field of whiteness studies in its multifaceted impact on American history and culture.