Trial ConsultingOxford University Press, USA, 2005 M07 7 - 272 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. |
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 |
259 | |
265 | |
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African American asked assess ASTC attitudes attorney’s awards Beckwith behavior bias biases change of venue change-of-venue surveys chapter civil trials client closing argument conducted conviction County courtroom coverage credibility crime criminal trials cross-examination decision defendant’s defense attorneys described discussed effects empirical research ethical evaluate evidence example focus groups guidelines guilty hindsight bias instructions issues judge jury deliberations jury pool jury selection jury’s justice Kassin Kressel lawyers litigation Medgar Evers mock jurors mock trials murder O. J. Simpson one’s opening statement participants Penrod peremptory challenges person Philip Berrigan plaintiff presented pretrial publicity prior procedure prosecution prosecutor prospective jurors Psychology punitive damages questionnaire questions recommendations regarding relevant research findings respondents scientific jury selection social scientists Society of Trial specific standards suggest sultants Supreme Court testify testimony trial attorneys trial consultants verdict videotaped Vidmar voir dire vote witness preparation witness’s Wrightsman