Trial Consulting

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Oxford University Press, 2005 M07 7 - 288 páginas
In its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition, and breadth of practice. What began as a small activist group of social scientists volunteering their expertise to assist in the defense of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds. In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession's struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended "best practices" from trial lawyers, and the written and spoken recommendations and reflections of the trial consultants themselves. Addressing a broad spectrum of topics ranging from handwriting analysis to medical malpractice cases, they also suggest reforms for improving the profession and the efficacy of the trial consultant in the courtroom. The result is a critical analysis of what trial consulting truly adds to, and detracts from, the administration of justice. This book is an indispensable guide for practicing and aspiring trial consultants as well as the judges, attorneys, and psychologists who work with them. Trial Consulting provides a thought-provoking statement on the state of the profession, and students and professionals alike will benefit from the challenges it offers.

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Contenido

Does It Help to Achieve the Goal of Justice?
3
2 Witness Preparation
27
3 Change of Venue
53
4 SmallGroup Research
79
5 Trial Strategies and Procedures
97
6 What Do We Know About Jury Deliberations and the Determinants of Jury Decisions?
127
Measures of General Bias
157
CaseSpecific Approaches
173
Effectiveness and Ethics
197
10 What Needs to Be Changed?
213
References
235
Author Index
259
Subject Index
265
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Página 149 - In the course of your deliberations, do not hesitate to reexamine your own views and change your opinion if convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.
Página 44 - ... statement is made, the hesitation or readiness with which his answers are given, the look of the witness, his carriage, his evidences of surprise, his gestures, his zeal, his bearing, his expression, his yawns, the use of his eyes, his furtive or meaning glances, or his shrugs, the pitch of his voice, his self-possession or embarrassment, his air of candor or of seeming levity.
Página 38 - He therefore shifts his ground by beginning "the Lecture" : The Lecture is an ancient device that lawyers use to coach their clients so that the client won't quite know he has been coached and his lawyer can still preserve the face-saving illusion that he hasn't done any coaching. For coaching clients, like robbing them, is not only frowned upon, it is downright unethical and bad, very bad. Hence the Lecture, an artful device as old as the law itself, and one used constantly by some of the nicest...
Página 237 - Bornstein, BH (1999). The ecological validity of jury simulations: Is the jury still out? Law and Human Behavior, 23, 75-91. Bornstein, BH, & Rajki, M. (1994). Extra-legal factors and product liability: The influence of mock jurors' demographic characteristics and intuitions about the cause of an injury.
Página 189 - Killing that nigger gave me no more inner discomfort than our wives endure when they give birth to our children. We ask them to do that for us. We should do just as much.
Página 144 - In a large proportion of cases absolute certainty could not be expected; that, although the verdict must be the verdict of each individual Juror, and not a mere acquiescence in the conclusion of his fellows, yet they should examine the question submitted with candor, and with a proper regard and deference to the opinions of each other; that It was their duty to decide the case if they could conscientiously do so...
Página 23 - Psychologists strive to maintain high standards of competence in their work. They recognize the boundaries of their particular competencies and the limitations of their expertise. They provide only those services and use only those techniques for which they are qualified by education, training, or experience.
Página 238 - Chapman, GB, & Bornstein, BH (1996). The more you ask for, the more you get: Anchoring in personal injury verdicts.

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