Download the criminal trial in law and discourse in pdf or read the criminal trial in law and discourse in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the criminal trial in law and discourse in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Criminal Trial In Law And Discourse

Author: T. Kirchengast
Publisher: Springer
ISBN: 0230305563
Size: 34.38 MB
Format: PDF
View: 5781
Download and Read
This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

The Language Of Jury Trial

Author: C. Heffer
Publisher: Springer
ISBN: 0230502881
Size: 79.61 MB
Format: PDF, ePub, Docs
View: 3977
Download and Read
Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

Polish Vs American Courtroom Discourse

Author: G. Bednarek
Publisher: Springer
ISBN: 1137414251
Size: 66.25 MB
Format: PDF, Docs
View: 2659
Download and Read
Polish vs. American Courtroom Discourse brings together the fields of discourse analysis and socio-legal studies to identify, illustrate and explain the cross-cultural similarities and disparities between the inquisitorial and adversarial procedures of witness examination in criminal trials.

Exploring Courtroom Discourse

Author: Anne Wagner
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409423478
Size: 50.75 MB
Format: PDF
View: 5558
Download and Read
This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of Power and Control - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international level.

Trial Language

Author: Gail Stygall
Publisher: John Benjamins Publishing
ISBN: 9027282846
Size: 77.68 MB
Format: PDF, Docs
View: 403
Download and Read
This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic “burden” accompanying the legal “burden of proof” in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.

Victims Of International Crimes An Interdisciplinary Discourse

Author: Thorsten Bonacker
Publisher: Springer Science & Business Media
ISBN: 9067049123
Size: 15.51 MB
Format: PDF, ePub
View: 422
Download and Read
In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

The Oxford Handbook Of Language And Law

Author: Lawrence Solan
Publisher: Oxford University Press
ISBN: 9780199572120
Size: 40.75 MB
Format: PDF, ePub, Docs
View: 6386
Download and Read
This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

Law And The Language Of Identity

Author: Gregory M. Matoesian
Publisher: Oxford University Press on Demand
ISBN: 0195123301
Size: 20.52 MB
Format: PDF, Docs
View: 5352
Download and Read
In this volume, Gregory Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an in-depth analysis of language use and its role in that specific trial as well as in the law in general. He draws on the fields of conversation analysis, ethnomethodology, linguistic anthropology and social theory to show how language practices shape--and are shaped by--culture and the law, particularly in the social construction of rape as a legal fact. This analysis examines linguistic strategies from both defense and prosecutorial viewpoints, and how they relate to issues of gender, sexual identity, and power.

Victims And The Criminal Trial

Author: Tyrone Kirchengast
Publisher: Springer
ISBN: 1137510005
Size: 38.72 MB
Format: PDF, ePub, Docs
View: 4993
Download and Read
This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

Criminal Trial Error And Misconduct

Author: Bennett L. Gershman
Publisher: LexisNexis
ISBN: 1632840464
Size: 27.88 MB
Format: PDF, Mobi
View: 3323
Download and Read
Prepare for any critical situation in a criminal trial with Criminal Trial Error and Misconduct, now in its third edition. This book will help you avoid devastating results in the unpredictable world of a criminal trial. No one wants their case reversed due to error or misconduct. This reference is broad in scope and comprehensive in coverage and proves indispensable for everyone in criminal practice - prosecutors, defense attorneys and even judges. The eBook versions of this title feature links to Lexis Advance for further legal research options.