Exam 7: Legal Communication: Persuasion in Court

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Aristotle believed that torture was a poor means to obtain evidence because such evidence was unreliable.

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Walter Fisher's narrative theory stresses the power of stories to persuade people and diminishes which of the following?

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Explain why cameras in the courtroom have been banned in the past. Explain how this practice may influence the behavior of judges, attorneys, jurors, or the accused.

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Cameras in the courtroom have been banned in the past due to concerns about the potential impact on the administration of justice. There are fears that the presence of cameras could lead to sensationalism, affect the privacy of individuals involved in the case, and potentially influence the behavior of those in the courtroom.

The presence of cameras may influence the behavior of judges, attorneys, jurors, and the accused in various ways. Judges may feel pressured to perform for the camera, potentially affecting their decision-making process. Attorneys may be more conscious of their presentation and may be more likely to engage in grandstanding or showmanship in front of the camera. Jurors may feel uncomfortable or self-conscious knowing that their actions and expressions are being recorded, potentially impacting their ability to focus on the evidence presented. The accused may also be affected, feeling additional stress and scrutiny from the public and media.

Overall, the presence of cameras in the courtroom has the potential to alter the dynamics of the legal process and may detract from the fair and impartial administration of justice. As a result, many jurisdictions have opted to ban cameras in the courtroom to preserve the integrity of the legal system.

The Pygmalion effect is a behavioral style that attorneys should use in court that means:

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Attorneys who have to argue before a hostile judge should cite the sources for their information to avoid personalizing the trial.

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Murray Ogborn noted that jurors are biased in favor of three channels during a trial. Which three channels were favored?

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A trial is like live theater because both link events that appeal to human emotions.

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The First Amendment is sometimes in conflict with the Sixth Amendment, which guarantees a fair and timely trial.

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Explain the reason that storytelling is an effective form of evidence in a trial.

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The names of jurors cannot be published according to the Supreme Court.

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Which of the following motives did Aristotle list among the common ones for crime?

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Discuss the primacy-recency theory and what an opening and closing statement should accomplish in a trial.

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Regulations include issues of freedom of speech and media regulation regarding publicity on trials.

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Hastie, Penrod, and Pennington established that jurors' memories are very reliable.

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Discuss the courtroom environment and how it influences perceptions of the judicial process: the elevated station of the black-robed judge, the two tables that represent the adversarial relationship between the defense and prosecution teams, the juror's box or station in the courtroom.

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Explain the three forms of speech that Aristotle outlined and explain the subject matter of each form.

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Hastie, Penrod, and Pennington established that jurors had established a "storyline" 90 percent of the time before they began deliberations.

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Ogborn's MOPS theory is the opposite of Walter Fisher's narrative theory.

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Inoculation can best be defined in court as:

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Write an essay that explains what rights the First and Sixth Amendments guarantee. Use cases to illustrate where media has become a negative influence and what remedial actions have been taken.

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