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.
Gaining access is a critical part of doing research, not only because one must 'get in' in order to gain information, but also because the quality of access affects what information is available to the researcher. Despite its importance, the literature on qualitative methods has not yet provided an extensive treatment of this issue. Gaining Access fills the void by offering useful, prescriptive advice on how to successfully enter different field settings for interviewing and observation. The detailed methodological guidelines presented by the authors are reinforced in a set of case studies by expert researchers from diverse disciplinary backgrounds on a wide variety of formal and informal settings, from working with ethnic minorities in Bosnia to studying prisons, sex workers, welfare offices, and the clergy. This book will provide useful ideas to experienced qualitative researchers as well as invaluable advice to novices conducting their first study.
In this lively and, ultimately, disturbing study of policy analysts who are employed in bureaucracies, the author finds a startling paradox. The analysts know that the papers they so painstakingly prepare will not be used; as one analyst remarked, "Either it won't get done in time, or it won't be good enough, or the person who wanted it done will have left and no one will know what to do with it, or the issue will no longer exist." Yet the analysts continue to work at producing these papers. The means of producing information is at the heart of the paradox. The process systematically produces information that is difficult to use directly in decision-making. Yet analysts can do little to alter the constraints of the process. They continue to produce papers because it is their job, they value doing it, and it is their major means of influencing policy. In so doing they make a unique, though indirect, contribution to policy making. Drawing on eighteen months of observation and participation in the work of the policy office of the U.S. Department of Energy, the author fully investigates the conditions that create the paradox and the positive as well as the negative implications of the process of information production in organizations.
Introduces and gives examples of some interpretive techniques for analyzing qualitative data that derive from four theories: ethnomethodology, semiotics, dramaturgy and deconstruction.
Introduces and gives examples of some interpretive techniques for analyzing qualitative data that derive from four theories: ethnomethodology, semiotics, dramaturgy and deconstruction.
Understanding the recent science about how therapy changes the brain can empower clinicians to face the challenges of increasingly demanding medical and educational settings. However, many speech-language pathologists (SLPs) are unaware of the vast impact new neuroscience research has on clinical practice. Cognitive and Communication Interventions: Neuroscience Applications for Speech-Language Pathologists is a practical guide that informs and enables SLP’s, clinical psychologists, and other therapeutic professionals to use new research to enhance their clinical outcomes. Although based on independent neuroscience principles and research, this unique book is designed to be a readable and scientifically sound clinical guidebook. Written with the busy clinician in mind, this professional resource uses accessible, easy-to-understand language to walk readers through the complexities of neuroscience and provide workable strategies for application. The beginning chapters break down important concepts, such as neuroplasticity, environmental stressors, and connectomics, to create a base of understanding. The middle chapters delve into recent investigations of factors that potentially affect typical brain development, as well as disrupt connectomics. The final chapters provide neuroscience considerations for intervention, including the “What, How, and When” of therapy and other important considerations for individualizing and maximizing outcomes. Throughout the book, clinicians will also find case studies that provide examples of the practical applications of neuroscience research and study questions to improve memory and inference.
This volume gathers a collection of the most seminal essays written by leading experts in the fields of law, and cultural studies, which address the cultural dimension of trials. Taken together, these essays conceive of trials as sites of legal performance and as critical public spaces in which the law both encounters and interacts dialogically with the culture in which it is embedded. Inquiring into the contours of that dialogic relation, these essays trace the paths of cultural stories as they circulate in and through trial settings, examine how trials emerge out of particular social and historical contexts, and suggest ways in which trials themselves, as both singular events and generic forms, circulate and signify in culture.
The authors suggest that the American criminal trial is organized around storytelling. To document the validity of this theory, they make use of data from more than sixty trials covering a variety of offenses ranging from shoplifting to murder.
In this lively and, ultimately, disturbing study of policy analysts who are employed in bureaucracies, the author finds a startling paradox. The analysts know that the papers they so painstakingly prepare will not be used; as one analyst remarked, "Either it won't get done in time, or it won't be good enough, or the person who wanted it done will have left and no one will know what to do with it, or the issue will no longer exist." Yet the analysts continue to work at producing these papers. The means of producing information is at the heart of the paradox. The process systematically produces information that is difficult to use directly in decision-making. Yet analysts can do little to alter the constraints of the process. They continue to produce papers because it is their job, they value doing it, and it is their major means of influencing policy. In so doing they make a unique, though indirect, contribution to policy making. Drawing on eighteen months of observation and participation in the work of the policy office of the U.S. Department of Energy, the author fully investigates the conditions that create the paradox and the positive as well as the negative implications of the process of information production in organizations.
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