NCJ Number
80769
Date Published
1981
Length
205 pages
Annotation
The theory presented shows how ordinary means of telling and interpreting stories are used in criminal trials to assess the credibility of competing claims.
Abstract
This perspective views the formal court rules as ritual that facilitates the presentation of a case but does not dictate its interpretation. While the formal procedures limit the information perceived as relevant to a story, within the range of admissible information, the actual presentation and interpretation of cases depend primarily on the storytelling and storyhearing abilities of the courtroom actors (judge, jurors, defense, prosecutor, and witnesses). The use of stories to reconstruct the evidence in cases casts doubt on the common belief that justice is a mechanical and objective process. Shared perceptions of and experiences with justice in such a system depend on ability of the courtroom actors to tell stories equally well and the chance to share the experiences necessary to understand the stories being told. In a society with many subcultures, some groups tell stories differently from others, and some groups are not familiar with the experiences of others. Bias in trial justice is not a surprising result of this means of presenting and deciding legal issues. The major cognitive theme is examined in relation to the specific activities of a criminal trial. Notes accompany each chapter, and a subject index is provided. (Author summary modified)