Effective Communication Inside the Courtroom
Do you swear to tell the truth, the whole truth and nothing but the truth so help you God? This is a statement that is often heard inside the courtroom, one that all must swear to as they attempt to testify in a court of law. The constitution of the United States allows accused to be judged by a jury of their peers to determine their guilt or innocence (Abadinsky, 1995). In order for that to take place a trial must be conducted to allow the evidence to be presented. In order for that to happen the state must have its attorneys present the facts that have been discovered. It is the responsibility of the state attorney or prosecutor to convince the members of the jury that the events being presenting are true and that as members of society they should find the accused guilty and thus assess some type of penalty. At the same time it is the job of the defense attorneys to persuade the jury to find their client not guilty based on their story.
In order for this to happen both the prosecution and the defiance must effectively communicate with the members of the jury and with other members of the court in an attempt to prevail. The proper communication techniques are very important in presenting ones case. Communication must take place between attorneys and clients, between opposite counsel and with the judge, but most importantly with the jury.
Statement of the Problem
Thus, the research question for this study is: How do attorneys effectively communicate inside the courtroom? Attorneys are defined as officers of the court authorized to appear before it as a representative of a party in a legal controversy. Communicate is defined as to impart knowledge, to make known, to d...
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...s paper article: Lewis, N.A. (2001, September 9). Plans for web monitoring in courts dropped.The New York Times, 51,871, 34-35.
9. An Article in a scholarly journal with continuous pagination: Beitz, C. (2000). Rawls’s law of peoples. Ethics, 110, 669-696.
10. An article in a scholarly journal that paginates each issue separately:
Durrell, D.D (2000). Durrell as a teacher. Journal of education, 182, 135- 158.
11. A film or video tape: Bureau of Justice (Producer) & Richardson, J.G. (Writer/Director). (1997). Bias in the courtroom. [microfilm]. United States National Center for State Courts.
12. An article off of the internet: Ramsey, G. (March 1999). Communication theories on trial: can the scales of justice be swayed by the application of communication theories? Communication & the law. Retrieved (September 17, 2001) from http:// ehostgvw9.epnet.com
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
In the following literature review, scholarly and peer-reviewed journals, articles from popular news media, and surveys have been synthesized to contribute to the conversation pertaining to forensics in pop culture in the courtroom and the overall criminal justice system. This conversation has become a growing topic of interest over just the past few years since these crime shows started appearing on the air. The rising popularity of this genre makes this research even more relevant to study to try to bring back justice in the courtroom.
As a representative of the Algo ethnic group, I want to say that our people would like the new state to introduce a parliamentary system of governence. Parliamentarism is a system of government in which the head of government is elected by and accountable to a parliament or legislature. One could rightfully ask: What is our reasoning for desiring this? We think it is justified because in presidential systems the populace at large votes for a chief executive, who is the President, in a nation-wide election. This is revenant as the Algo comprises the minority of the population of the Republic of Jarth, which consists of only 1.1 million representatives in the whole state, compared to that of 2.9 million Randies, 3.8 million Dorfas and 2.2 million Takas living in the Republic of Jarth. One can reasonably assume that the outcome will most likely be that the cumulation of the majority’s vote will hinder the representation (in numbers) of the members of the minority in office. Subsequently, the Algo will have to live under the control of a leader from another ethnic group again, which the Algo members tremble at the thought of because we are proud of their ethnicity and do not wished to be shamed for it. On the other hand, in parliamentarism, the first step is an election of members of parliament, which are the political parties. This is imperative since it will allow the Algo to be able to choose the party we really share interests with....
Before World War II Hitler successfully implemented tactics through propaganda to secure his position as the next German Chancellor. Without using propaganda to increase his popularity Hitler would not have been able to gain the support he needed to gain control of Germany. He manipulated the German people by stating that Germany needs to become united to preserve their freedoms and to keep peace throughout the country. When Hitler was campaigning as a candidate for Chancellor he stated in one of his speeches, “Show tomorrow your firm national unity… Support with me and the Reich Chancellor the principle of equal rights and of peace with honor” (Larson, p. 175). By using a manipulative style of speaking to the public Hitler was able to present himself as one for the people, showing that he prioritized them above everything else. However, this was all a trick to increase Hitler’s popularity so he could eventually become dominant over all aspects of German life. The Nazi Regime achieved this through strategic implementations of propaganda. This desensitized the public into believing Hitler could help Germany in its time of economic and political struggle. A few people were surprised by the amount of propaganda used by the Nazis. One person was a Jewish philologist in Dresden, he noted that, “On every commercial vehicle, post office van, mailman’s bicycle, on every house and shop window, on broad banners, quotations form Hitler are everywhere and al...
The Immortal life of Henrietta Lacks highlights how ethically flawed medicine once was and perhaps still is. It tells the devastating story of a woman whose cells were collected and cultured without her consent and its wondrous effect within the medical community as well as the equally distressing effect on her family. Preceding the 50s, scientists, specifically Dr. George Otto Gey have been trying without success to cultivate human cells in laboratories for decades. Henrietta Lacks was an African American tobacco farmer who was diagnosed and eventually succumbed from cervical cancer in 1951. Prior to her treatment, Lacks signed a statement permitting any surgery necessary but Dr. Wharton, before beginning the radium treatment, takes two samples from the unconscious Henrietta without her knowledge; one from her tumor and another from healthy tissue. He then provides Dr. TeLinde with these samples, who in turn delivers them to Dr. Gey. These cancerous, then dubbed, HeLa cells began to grow successfully and Gey began to give samples out to his colleagues, essentially staring a billion dollar industry.
Communication also consist of verbal and non-verbal communication. Verbal communication is continuous and basically can be perform by saying or communicating with other person in front of you and non-verbal communication is used when someone cannot speak therefore hand gestures, body movement, and any other ways which would be easier to convey your message to the person. (University of western Sydney 2010) effective communication is essential for police in order to enhance public confident. Police must keep in mind that not everyone is fluent in English, therefore must speak in clear plain English. Communication needs to be complete and style is also extremely important in this respect and must avoid jargon and technical terms so everyone in the public understands the message. (Wunch, hol
Viewing a judge's sentence creates a divide in society. Will the accused be offered a fair trial? Could t...
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
After analyzing the discourse community of law and the detailed process lawyers take in order to write an effective appeals brief, one can see that lawyers have a very specific and unique way of communicating that includes certain jargon unfamiliar and possibly incomprehensible to the general public. Although writing an appeal brief is only one aspect of many that government prosecuting attorneys such as Kenny Elser face in their jobs on a daily basis, it is also a very necessary job because not only is it used by a single discourse community in the law profession but utilized by the discourse community of law as a whole.
During the twentieth century, the recognition of guilt became an essential element of criminal proceedings, both at the federal level and in different states. "Plea bargaining" is based on the considerable growth in recent decades of the principles that take into account the will of the defendant. In the U.S., more than 90% of convictions are based on this type of admittance (Ross, 2006). Recognition of culpability attracts a negotiation between prosecution and defense. Thus, in exchange for recognition, the defendant obtains from the prosecutor a review of the crime or the promise to recommend leniency to the judge.
The media plays a big role in shaping the people’s perceptions about the court system. Without media we would remain uneducated to the occurrences outside our social groups. Media and especially news coverage provide us with important point of contact with the rest of society. In debunking popular myths about our court system we will look at the “facts” (the truth, the actual event, a real thing). With a myth being based upon “exaggeration” or heightening of “ordinary” event in life. Myths become a convenient mortar to fill gaps in knowledge and to provide answers to questions social science either cannot answer or has failed to address. Myths tend to provide the necessary information for the construction
Johnson, J., Keyzer, P., Holland, G., Pearson, M., Rodrick, S., & Wallace, A 2011, Juries and social media, Victorian Department of Justice, viewed 8 May 2014, < http://www.sclj.gov.au/agdbasev7wr/sclj/documents/pdf/juries%20and%20social%20media%20-%20final.pdf>.
Rawls creates a hypothetical society, via a thought experiment known as the “Veil of Ignorance,” in which all that you knew of yourself is eliminated from your mind to allow you to come to a rational decision on how you would like your society to be organized. Rawls principle is that under a social contract what is right must be the same for everyone. The essence of Rawls' “veil of ignorance” is that it is designed to be a representation of persons purely in their capacity as free and equal moral persons. Out of this experiment Rawls provides us with two basic p...
There was a time in our life when going wireless was a dream and was considered highly expensive but then started the era of WIFI. The first outcome of this wireless transmission was IEEE 802.11 standard for wireless data transmission and it progressed as a/b/n with the time. The last stand 802.11n was the real heavyweight and gained a lot of popularity based on its amazing performance. It gave almost 5 times increase in bandwidth using MIMO (Multiple Input Multiple Output) antenna technique. The user experience for 802.11n standard was so good that it was called “end of an Ethernet” at that time. AC standard operates in the 5GHz band with some enhanced physical layer set with the idea of better video communication. It comes with more antennas, wider channels and more spatial stream along with a number of new features to boost throughput and reliability. This new IEEE 802.11ac technology is in reality only an up gradation of physical layer wireless technique used in 802.11n by the use of multiple inputs multiple output (MIMO) antenna technique. Few improvements done in 802.11ac and modified parameters can be studied as following:
Fairchild, H. & Cowan, G (1997). Journal of Social Issues. The O.J. Simpson Trial: Challenges to Science and Society.