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9 books match the query 'Trial practice'

cover of Communication and Litigation: Case Studies of Famous Trials

Communication and Litigation

Case Studies of Famous Trials

Janice Schuetz

Southern Illinois University Press, 1988

Examination of seven famous trials, each concluding with an evaluation of the trial by a lawyer, judge, law professor, or communication scholar.

The Washington Post coverage of the John Hinckley case preceding the trial demonstrates the effects media may have on a trial. The Haymarket riot trial serves as an example of opening statements in a storytelling form.

By analyzing the trial of Bruno Richard Hauptmann, Schuetz and Snedaker explain direct examination according to its purpose, legal rules, ordering of witnesses, verbal and nonverbal techniques of interrogation, and tactics for introducing evidence.

The cross-examination in the Sacco-Vanzetti case shows how advocates enhance or decrease their persuasiveness by adopting communication maneuvers. Closing arguments in the Rosenberg trial took the form of a refutative story with a dual persuasive and instructional content.

The Supreme Court appeal in the Sam Sheppard case demonstrates the procedures, form, content, and style of arguments of appellate briefs. The Chicago Eight trial is an example of trial as theatre.

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cover of Dilemma of Duties: The Conflicted Role of Juvenile Defenders

Dilemma of Duties

The Conflicted Role of Juvenile Defenders

Anne M. Corbin

Southern Illinois University Press, 2018

The role of a juvenile defender is riddled with conflict, and clients are uniquely challenging because of their lack of life experience and their underdeveloped decision-making abilities. In Dilemma of Duties, Anne M. Corbin examines the distinct function of defense counsel in juvenile courts, demonstrating the commonplace presence of role conflict and confusion, even among defenders in jurisdictions that clearly define their role. This study focuses on juvenile defense attorneys in North Carolina, where it is mandated that counselors advocate for their client’s wishes, even if they do not agree it is in the client’s best interest.  
 
In Dilemma of Duties, Corbin outlines patterns of role conflict that defenders experience, details its impact on counselors and clients in the juvenile justice system, and addresses the powerful influence of the juvenile court culture and the lack of resources for defenders. Tasked with guiding these children, counselors frequently must contend with and manage their clients’ general distrust of adults as they attempt to serve as their voices to the court.
 
Understanding how juvenile defenders define their role and experience role conflict provides valuable insights into our juvenile justice system, especially its role in upholding due process rights. Such knowledge points to the importance of the training and practices of juvenile court functionaries and the efficacy, credibility, and legitimacy of the juvenile justice system itself.
 
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cover of Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys

Fighting for Their Lives

Inside the Experience of Capital Defense Attorneys

Susannah Sheffer

Vanderbilt University Press, 2013

How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.)


Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?

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cover of Fighting for Their Lives: Inside the Experience of Capital Defense Attorneys

Fighting for Their Lives

Inside the Experience of Capital Defense Attorneys

Susannah Sheffer

Vanderbilt University Press, 2013

How do attorneys who represent clients facing the death penalty cope with the stress and trauma of their work? Through conversations with twenty of the most experienced and dedicated post-conviction capital defenders in the United States, Fighting for Their Lives explores this emotional territory for the first time. What it is like for these capital defenders in their last visits or phone calls with clients who are about to be taken to the execution chamber? Or the next mornings, in their lives with their families, in their dreams and flashbacks and moments alone in the car? What is it like to do this work year after year? (These attorneys had, on average, spent nineteen years doing capital defense.)


Through vivid interviews amplified by the author's responses and commentary, these attorneys reveal aspects of their internal experience that they have never talked about until now. How do capital defenders manage the weight of the responsibility they carry? To what extent do they experience symptoms of trauma in the aftermath of losing a client to execution or as a result of the cumulative effects of engaging in capital defense work? What motivates them, and what do they draw upon, in order to keep engaging in such emotionally demanding work? Have they considered practicing other types of law? What can we learn from capital defenders not only about the deep and long-term effects of the death penalty but also about broader human questions of hope, effectiveness, success, failure, strength, fragility, and perseverance?

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cover of Guilty People

Guilty People

Abbe Smith

Rutgers University Press, 2020

Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances.
 
In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people?
 
Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? 
 
This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us.
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cover of Prairie Defender: The Murder Trials of Abraham Lincoln

Prairie Defender

The Murder Trials of Abraham Lincoln

George R. Dekle, Sr.

Southern Illinois University Press, 2017

2018 FAPA President’s book award medalist in the non-fiction adult, biography, and political/current events categories
2018 ISHS Annual Award Winner for a Scholarly Publication

According to conventional wisdom, Abraham Lincoln spent most of his law career collecting debt and representing railroads, and this focus made him inept at defending clients in homicide cases. In this unprecedented study of Lincoln’s criminal cases, George Dekle disproves these popular notions, showing that Lincoln was first and foremost a trial lawyer. Through careful examination of Lincoln’s homicide cases and evaluation of his legal skills, Dekle demonstrates that criminal law was an important part of Lincoln's practice, and that he was quite capable of defending people accused of murder, trying approximately one such case per year.

Dekle begins by presenting the viewpoints of not only those who see Lincoln as a perfect lawyer whose only flaw was his inability to represent the wrong side of a case but also those who believe Lincoln was a less-than-honest legal hack. The author invites readers to compare these wildly different stereotypes with the flesh-and-blood Lincoln revealed in each case described in the book, including an axe murder suit in which Lincoln assisted the prosecution, a poisoning case he refused to prosecute for $200 but defended for $75, and a case he won by proving that a supposed murder victim was actually still alive.

For each case Dekle covers, he first tells the stories of the feuds, arguments, and insults that led to murder and other criminal activity, giving a gripping view of the seamy side of life in nineteenth-century Illinois. Then he traces the course of the pretrial litigation, describes the trials and the various tactics employed in the prosecution and defense, and critiques the performance of both Lincoln and his adversaries.

Dekle concludes that Lincoln was a competent, diligent criminal trial lawyer who knew the law, could argue it effectively to both judge and jury, and would use all lawful means to defend clients whether he believed them to be innocent or guilty. His trial record shows Lincoln to have been a formidable defense lawyer who won many seemingly hopeless cases through his skill as a courtroom tactician, cross-examiner, and orator. Criminal defendants who could retain Lincoln as a defense attorney were well represented, and criminal defense attorneys who sought him as co-counsel were well served. Providing insight into both Lincoln’s legal career and the culture in which he practiced law, Prairie Defender resolves a major misconception concerning one of our most important historical figures.
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cover of Rules versus Relationships: The Ethnography of Legal Discourse

Rules versus Relationships

The Ethnography of Legal Discourse

John M. Conley and William M. O'Barr

University of Chicago Press, 1990

In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.
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cover of The Bilingual Courtroom: Court Interpreters in the Judicial Process, Second Edition

The Bilingual Courtroom

Court Interpreters in the Judicial Process, Second Edition

Susan Berk-Seligson

University of Chicago Press, 2017

A groundbreaking study of the work of court interpreters that shows how they can influence the outcome of cases

Susan Berk-Seligson’s groundbreaking book draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts—along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony—to present a systematic study of court interpreters that raises some alarming, vitally important  concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty of a crime.

This second edition of the The Bilingual Courtroom includes a fully updated review of both theoretical and policy-oriented research relevant to the use of interpreters in legal settings, particularly from the standpoint of linguistic pragmatics. It provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons; updates trends in interpreter certification and credentialing, both in the United States and abroad; explores remote interpreting (for example, by telephone) and interpreter training programs; looks at political trials and tribunals to add to our awareness of international perspectives on court interpreting; and expands upon cross-cultural issues. Also featuring a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.
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cover of The Trial Lawyer's Art

The Trial Lawyer's Art

Sam Schrager

Temple University Press, 2000

How do lawyers sway jurors in the heat of a trial? Why do the best trial lawyers seem uncannily able to get the verdict they want? In answering these questions, folklorist Sam Schrager vindicates -- but with a twist -- the widespread belief that lawyers are actors who manipulate the truth. He shows that attorneys have no choice but to treat the jury trial, from beginning to end, as an artful performance: as story-telling combat in which victory most often goes to the man or woman who has superior control of craft.

Drawn from fieldwork in the Philadelphia courts and at the Smithsonian Institution's American Trial Lawyers program, The Trial Lawyer's Art gives a remarkable, in-depth look at this craft of performance. It examines how lawyers exploit a case's dramatic potential, how they enact mythically potent themes, how they project personal authority, and how they use cultural identity -- their own and their opponents' racial, gender, class, and local affiliations -- all to make themselves and their stories persuasive to a jury. Schrager depicts the performance styles of some of the nation's most artful criminal and civil advocates: in Philadelphia, prosecutor Roger King, defender Robert Mozenter, and the legendary Cecil B. Moore; from around the country, such litigating stars as Roy Barrera, Penny Cooper, Jo Ann Harris, Tony Serra, and Michael Tigar. These lawyers reflect candidly on their courtroom calculations and share revealing "war stories" about their work.

Integrating performance insights with evocative portrayals of unfolding trials, The Trial Lawyer's Art offers a no-holds-barred analysis of the place of skill versus evidence in the American justice system. In doing so, it raises vital questions about the moral challenges that legal and other professions now face and sheds new light on the role of  stories in American life.
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