Courtroom Psychology and Trial Advocacy

Courtroom Psychology and Trial Advocacy
Author: Richard Waites
Publisher: ALM Publishing
Total Pages: 0
Release: 2003
Genre: Forensic psychology
ISBN: 9780970597090

An invaluable resource for experienced trial attorneys, inexperienced trial attorneys looking to advance to the next level of trial practice, and corporate counsel who handle litigation, this book looks at the role courtroom psychology plays in modern trial practice. It covers the essentials of trial practice, including jury selection, opening and closing statements, and questioning witnesses, as well as the key aspects of arbitration hearings and mediations. But what makes this book different from basic trial advocacy primers is its attention to the results of decades of scientific research relating to courtroom psychology (or persuasion psychology). This area concerns how and why jurors, judges, and arbitrators make decisions and how they are influenced. This book examines the role persuasion psychology plays in modern trial practice and how lawyers can use it to their advantage.

The Psychology of the Courtroom

The Psychology of the Courtroom
Author: Norbert L. Kerr
Publisher:
Total Pages: 0
Release: 1995
Genre: Criminal procedure
ISBN: 9780124049215

This volume presents comprehensive and integrative reviews that critically examine the psychological theory and research relevant to the courtroom trial. Chapters discuss either common courtroom roles involving defendant and victim, juror, jury, judge, and witness, or problems involving court procedures, methodological issues for research, and innovation in the courts. All are written by behavioral scientists who are or have been actively engaged in research in the area that they review, and all stress organizing and integrating existing work as well as identifying gaps in knowledge and important topics for future research. The volume fulfills a need for both integrative and broad-based summary and critical review of the expanding empirical literature that focuses on various courtroom participants and problems.

Courtroom Psychology for Trial Lawyers

Courtroom Psychology for Trial Lawyers
Author: Thomas Sannito
Publisher: John Wiley & Sons
Total Pages: 376
Release: 1985
Genre: Law
ISBN:

Based on tested psychological principles, this work provides practice guidance on selecting the right jury, interpreting nonverbal clues during questioning, obtaining the background to determine real or false psychological injury, on questioning strategy to discredit opposition witnesses, and many other topics. Checklists and step-by-step instructions for all phases of the trial setting are included.

Listening to Killers

Listening to Killers
Author: James Garbarino
Publisher: Univ of California Press
Total Pages: 307
Release: 2015-03-12
Genre: Psychology
ISBN: 0520958748

Listening to Killers offers an inside look at twenty years' worth of murder files from Dr. James Garbarino, a leading expert psychological witness who listens to killers so that he can testify in court. The author offers detailed accounts of how killers travel a path that leads from childhood innocence to lethal violence in adolescence or adulthood. He places the emotional and moral damage of each individual killer within a larger scientific framework of social, psychological, anthropological, and biological research on human development. By linking individual cases to broad social and cultural issues and illustrating the social toxicity and unresolved trauma that drive some people to kill, Dr. Garbarino highlights the humanity we share with killers and the role of understanding and empathy in breaking the cycle of violence.

Reconstructing Reality in the Courtroom

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

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.

Jeopardy in the Courtroom

Jeopardy in the Courtroom
Author: Stephen J. Ceci
Publisher: Amer Psychological Assn
Total Pages: 336
Release: 1999
Genre: Medical
ISBN: 9781557986320

The credibility of children's testimony is a highly debated topic in America's courtrooms, universities, and living rooms. Does the ingenuousness of children assure that their testimony will always be truthful? Or are children easily misled by overzealous investigators and therapists into making untrue allegations? Stephen J. Ceci and Maggie Bruck contend that the truth falls somewhere between these extremes. Using case studies ranging from the Salem Witch Hunt to the Little Rascals Day Care case to illustrate their argument, Jeopardy in the Courtroom draws from the vast corpus of scientific research to clarify what is most relevant for evaluating and understanding children's statements made in the legal arena.

Experiencing Other Minds in the Courtroom

Experiencing Other Minds in the Courtroom
Author: Neal Feigenson
Publisher: University of Chicago Press
Total Pages: 250
Release: 2016-12-26
Genre: Law
ISBN: 022641373X

Increasingly in America s courtrooms lawyers, litigants, and expert witnesses attempt to recreate what it s like to be inside the litigant s mind. But is it really possible to claim this perception as evidence? Is seeing really believing? Can anyone really know what it s like to have another person s perceptual experiences, when only that person has direct access to them? And why should courts ever admit visual or auditory evidence that purports to convey what another person s consciousness is like? How might these simulations affect the ways that judges and jurors do justice? Experiencing Other Minds thoughtful explores this evidentiary and cognitive terrain. Whether a simulation actually provides reliable knowledge about the other person s inner experience, depends on the strength of our grounds for believing in it. And that depends largely on how the simulation was made. Primarily a descriptive and analytic work, Experiencing Other Minds conducts a legal anthropological inquiry into a novel and distinctive evidentiary practice, situating each example of digitally simulated subjective perception in its case context and drawing on cognitive psychology, media studies, science and technology studies, and other disciplines to understand how each simulation produces specific epistemological and rhetorical effects. By paying closer attention to the different kinds of simulation and the different knowledge claims they offer, we can develop best practices for responsibly incorporating such evidence in the courtroom, and thereby improve the quality of justice as well. "

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Psychology and Law

Psychology and Law
Author: Neil Brewer
Publisher: Guilford Publications
Total Pages: 529
Release: 2017-02-13
Genre: Psychology
ISBN: 1462532349

From the initial investigation of a crime to the sentencing of an offender, many everyday practices within the criminal justice system involve complex psychological processes. This volume analyzes the processes involved in such tasks as interviewing witnesses, detecting deception, and eliciting eyewitness reports and identification from adults and children. Factors that influence decision making by jurors and judges are examined as well. Throughout, findings from experimental research are translated into clear recommendations for improving the quality of evidence and the fairness of investigative and legal proceedings. The book also addresses salient methodological questions and identifies key directions for future investigation.

David Ball on Damages 3

David Ball on Damages 3
Author: David A. Ball
Publisher:
Total Pages: 520
Release: 2013-01-01
Genre: Damages
ISBN: 9781934833841

Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. -- from publisher.