Reconstructing Reality in the Courtroom: Justice and Judgment in American Culture - Hardcover

Feldman, Professor Martha S; Bennett, W Lance

Hardcover

ISBN 10: 1610277996 ISBN 13: 9781610277990

Publisher: Quid Pro, LLC, 2016

Synopsis

Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative--the who, what, where, when, how, why--and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. • A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. • Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the authors "adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment." Law-and-society scholar Anna-Maria Marshall writes that the book's "emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role. ... This new edition will be a welcome addition to the Law and Society community." • "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." - Elizabeth F. Loftus, Distinguished Professor, University of California, Irvine; Author, Eyewitness Testimony (1996)

About this title

About the Author

Martha S. Feldman (Stanford University PhD, 1983) is the Johnson Chair for Civic Governance and Public Management at the University of California, Irvine. Her current research on organizational routines explores the role of performance and agency in creating, maintaining, and altering these fundamental organizational phenomena. Her research on public management examines how we can use our understandings of organizational process to create inclusive management practices. Her research in qualitative and interpretive methods develops ways of gathering and analyzing data that help researchers open the black boxes they confront in theory and in informants descriptions. She is a Senior Editor for Organization Science (as of June 2006), the Book Review Editor for International Public Management Journal, and serves on the editorial boards of Advances in Organizational Studies, Journal of Management Studies, and Organization Studies. She has written 4 books and dozens of articles on the topics of organization theory, public management and qualitative research methods. She received the Administrative Science Quarterly's 2009 award for Scholarly Contribution for her work on organization routines.

Edition details

• Publisher: Quid Pro, LLC
• Publication date: 2016
• Language: English
• ISBN 10: 1610277996
• ISBN 13: 9781610277990
• Binding: Hardcover
• Number of pages: 218