LAWSO 1 11-01-07 - Deception and Truth The irony lawyers...

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Deception and Truth The irony – lawyers love the truth but practice to deceive. The appearance of truth is important.
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Jurors’ perceptions How do lawyers’ tactics play in front of a jury? Do juries reach verdicts based on the evidence, or are they swayed by the lawyers’ performances? What is the role of the Truth in the courtroom? (Factual, legal, symbolic)
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Richard Sherwin – Legal Storytelling Factual Legal Symbolic Johnnie Cochran (O.J. 1994) Gerry Spence (Randy Weaver 1992)
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A lawyer’s job To argue logically from rules of law to particular facts to a verdict category. Story must “cry out” for a particular resolution (a particular legal outcome) Premeditated murder, manslaughter, acquittal (self defense)
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Significance of Lawyers Lawyers can shape a jury’s perception of reality through storytelling (a traditional form of folkloric communication). Performance repertoire includes personal experience, cultural identity, biases and various oratorical devices.
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Randy Weaver How does defense attorney Spence portray his client, Weaver?
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