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Building a Case - State and Defense in Felony Jury Trials (From Law and the Legal Process, P 91-106, 1982, Victoria L Swigert, ed. - See NCJ-88682)

NCJ Number
88684
Author(s)
M Hopper
Date Published
1982
Length
16 pages
Annotation
This research used the dramaturgical perspective to analyze defense-attorney and prosecutor face-to-face interactions with witnesses during the testimony phase of felony jury trials.
Abstract
Data was obtained from 14 felony jury trials in two Texas State district courts. Twenty-one defense attorneys and 12 prosecuting attorneys were observed. Two regular judges and a visiting judge presided over the 14 cases. Various trial participants were found to bring conflicting lists of objectives to be fulfilled during the testimony phase of the trial. The manner in which the actors manipulate their parts to fulfill their agendas lends support to Turner's suggestion that actors are involved in role-making as opposed to just role-taking. The judge's agenda usually involves a series of precautions taken to avoid being overturned on appeal. The witnesses generally have a bias in trying to control information presented in their testimony, so they pose a threat to one of the opposing sides. During the testimony, the interactive process differs for direct and cross-examination. Cross-examination is unrehearsed, and power relationships are more evident than during direct examination. The attorneys' tactics revolve around the theatricality of pointmaking. Their actions appear designed to foster the appearance that they are winning the case, since this is the definition of the situation they would like the jury to accept. The use of repetition and careful word choice appear crucial in this endeavor. Further research is needed to verify and expand the list of interactional tactics. Twenty-one references are provided.

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