Term
| Why is PTP important issue in trials? |
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Definition
| Media plays a role in the formation of public attitudes about a case and the defendants |
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Term
| What determins whether a trial receives publicity? |
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Definition
| It depends on person and trial. As well as if it is a tabloid type case, a heinious crime, or a celebrity victim/defendant. |
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Term
| What kinds of information is considered prejudical? |
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Definition
| Race,prior conviction, confession, test outcomes. |
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Term
Why is PTP slanted agaisnt the defendant?
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Definition
| Because of prejudical things as well as the negatives associated with the defendant based on PTP. |
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Term
| What does the reseach say about its influences on trial outcomes? |
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Definition
| It often leads to a guilty verdict, longer sentences, as well as confusion of what is fact from case and whats from PTP. |
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Term
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Definition
| Media spots dedicated to crime. They receive great amount of details from all mass media formats. Also, sets up how the public views the case. |
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Term
| Why was the OJ trial a "media event" |
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Definition
| Because of celebrity involvment, dramtic media evnt, camera in the C.R., Agenda setting as well of media coverage from tons of sources. |
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Term
| What are the main image repair stragies? |
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Definition
| Denial, Shift blame, Provacation(response to a diff act), Defeasibilty(Lack of info or abilty), Accident, Meant Well, Bolstering (stress good traits), Minimization(not serious), Differantation(less serious than other acts). Transcendence(more important values), Attack Accuser, Compensation, Corrective Action(Plan to solve/ prevent recurrance), Mortification(Apology). |
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Term
What stragies did the Duke Lacross team use? Did it work?
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Definition
| They used Simple Denial, Attack Accuser, Defesibilty, Good intentions. Yes it worked great for them. |
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Term
What are the purposes of the opening?
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Definition
| Establish a theme for the case. "Establish the preceptual framework"-Schutez. Give jurors a way to understand all the info."Argue without arguing", frame info, sequence the narrative. |
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Term
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Definition
| Cognitive framework that helps organize and interpret info. Narrative sets up schema or events. |
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Term
| What are the strategies one should use? |
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Definition
| Good story telling, as well as humanize your client. |
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Term
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Definition
| Common ground with those we associate with. |
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Term
| What are three main defense options and which is easiest vs most difficult to defense? |
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Definition
3 types are= Alternative theory, Denial, Themes.
Alternative theory is hard to prove.
Themes is easiest. Theme can summarize a story and can stand for the ultimate point to make that symbolizes the heart of the issue. |
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Term
| Example of word choice? Nonverbal? |
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Definition
Playing child vs. darting child.
Nonverbal can be pictures in teh background. |
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Term
| What type of rhetorical stragies did the pros use in the Mcveigh case? |
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Definition
| Compelling Narrative- flashback to the crime scence,engaged juros, outlined theory for the case, and humanized the victim. |
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Term
| What was the defense's approach? |
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Definition
| Alternative theory, or taking the rap for a muslim inspired conspiracy and he was a minor play. They used Conspiracy theory. |
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Term
| What is Represntative Anecdote? |
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Definition
| Represenative incident that sums up a protorype or situation. |
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Term
| What are the differnt types of witnesses? |
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Definition
Primary witness- the main witness. They present an account of the action, scene, charchters. Either victim or close to victim.
Expert witness- speciliazed knowledge. Helps jury understand evidence and facts about case.
Record witness- Explain context of travel, bank, work, or investment records.
Occurence witness- What they heard, saw, or did in relationt to the crime.
Reputation witness- testifys about the truth and veracity of other trial participants charchter. |
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Term
| What are the principles for ordering your witnesses? |
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Definition
| Order the most important witness to either go first or last and fill in between slots with less important witnesses. |
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Term
| Why was the Hauptman defense unsuccesful in the direct? |
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Definition
| Mostly because, they had bad witnesses. The expert witness was not the right kind of expert for what needed to be proven. Also, they had a bad order. |
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Term
| What sorts of strageies does the Prosecution use? |
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Definition
Definition= elicit particular definitions of evidence from witnesses.
Inference= Constructs jointly by questions of the attorney and the responses of the witness, permit jurors to follow the reasoning and conclude that single persasuaviness of the story by emphazing "The completeness,consistence, and plausability" of the testimony. |
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Term
| What strageies does the defense use? |
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Definition
Redifinition= Find ambiguities or gaps in the prosectuors story.
Reconstruciton= Reconstruct the prosecutors sotry in context of a completely new story to show a different merit so the juros can interpret this way. |
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Term
| Why is credibilty important in trials? What are the intrinsic factors of credibility? |
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Definition
It affects their persuasiveness in the trial.
Reflects personal characteristics, competence, trustworthiness,goodwill,dynamism. |
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Term
| Was OJ credible in the civil trial? |
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Definition
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Term
| What is a game approach to a trial? |
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Definition
| Its a high stake game of strategy and cahnce, calculated choices to produce desirable payoffs. |
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Term
| What are the goals of cross? |
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Definition
| To retract the witnesses statements and rethink their reasoning. |
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Term
| How do attorneys decide who to cross? |
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Definition
| Those who have done damage to ehir theory of the case, if they may know additonal facts, those who have a centreal role becasue of proximity of the crime, incorrec, flawed, or incomplete. |
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Term
| What are refuation strategies, and what are some examples of those (attacking turht,exposing flawed reasoning)? |
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Definition
Attacking the truth of the witnesses staements(get them to identitfy their own biases from values,uncover witneses motives and attidues, self interest.
Attacking inconsistenceis in witnesses reasoning(Conclusions are based on flawed premises and inference,conclusiosn do not follow logically from the evidence, generalization |
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Term
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Definition
| Impeach the credibilty of the witness,questioning postures,navigating procedural rules, and using maneuvers to outwit wintesses(confusing the witness). |
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Term
What type of procedural rules should a quesitoner follow?
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Definition
Cross-examiner should not ask for explinations,becasue these types of inquiry permit witnesses to justify responses.
Cross-examiners should ask leading questions to keep control of the witness.
Cross-examiners should include facts withing their quesitons,including times,dates,names and statments from depositions.
Cross-examiners should select questions that expose the vulnerability of the witnesses,such as their contradictions, prejudcies, or inaccuracies in their answers.
Cross- examiners should not ask questions if they do not know what the asnwer will be ahead of time. |
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Term
Are we good at detecting deception?
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Definition
| No we are not good at detecting deception. |
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Term
| What are the 3 types of decption? |
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Definition
Falsification-flat out lie.
Concealment-partially true
Equivocation-intentional vaugness. |
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Term
What kinds of behaviors signal lying?
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Definition
Uncertantiy and vaguness.
Non-immediancy and withdrawl.
Disassociation-distancing language-Levers "always" Group refrence "we all"
Modifiers "sometimes"
Image and relaitonship-protecting power. |
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Term
| What gives rise to their behaviors then, and do they always signal lying? |
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Definition
Leakage- some behaviors that can dignal dishonesty.
Look canned- too smooth.
Physiological arousal-Emotions of guilt and exiety,cognitive factors tax the brain,Self adapters (unintentional nonverbal-Blinking,grammar, and hesitation. |
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Term
How can the person being deceived help themselves?
Do's
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Definition
Confidence and compusre
Pleasant and friendly interaction style
Engaged and involved interaction style
Gives plausible explanations. |
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Term
How can the person being deceived help themselves?
Donts
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Definition
Avoid eye contact
Appear hesitant and slow in proving answers
Vocal Uncertainty
Fidget with hands or happy feet
Appear tense, nervous anxious.
Portray an inconsisten demeanor over the course of interaction. |
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Term
| Whats the main purpose of the closing? |
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Definition
| To help jurors understand the evidence and apply to verdict categories. |
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Term
| What strategies should the prosecution use? |
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Definition
| Come back to theme early, respite the narratrive-make good choices about detail,offer enough to give context,motive not required by jurors want it. |
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Term
Whats the defenses strategies in closing?
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Definition
| Emphasize burden of proof, poke holes in prosectuons case-attack evidence,witness credibilty,veracity of physical evidence, dueling experts/attack oppositions expert. *What did not get heard (not prove). Inoculation- pre emptive arguments. |
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Term
| Whats the role of burden of proof and the elemtns in closing arguments? |
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Definition
The role of burdern of proof for the defense in nothing.
For prosection they need ot prove beyond a reasonable doubt that the defendant commited the crime. |
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Term
| How did baes explain the burdern of proof? |
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Definition
| He exlained it as not having to prove anything to them, thats the proescutions job. Most importantly used the phrase " Beyond and to the exclusion of any reaasonable doubt"- major saying in his closing. |
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Term
What kind of openign closing works best in trials?
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Definition
| The best combo is actually auasing a narrative theory for your opening and a legal expository for your closing. That so far seems to be the best combo. However, there is not a ton of evidence to suppor this yet. |
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Term
What is the CSI effect? has it been proven? What role does technolgy have in jurors thoughts
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Definition
The CSI effecnt is essentially when you watch criminal shows you grow accustom to there being tons of evidence with every crime. More spechficly being DNA evidence everywhere.
Also, there is not yet any proof that it does exist.
Lastly, based on how advanced technology jurors generally expect a lot more evidence and a lot more proof from the prosecution.
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