module 4: two different views of the courtroom

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Two Different Views of the Courtroom Laboratory • One view of the courtroom is that of a controlled laboratory in which the science of the law is performed. • Under this model, attorneys present evidence, the judge supervises for quality control, and the jurors give the results of the experiment.

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Page 1: Module 4: Two Different Views of the Courtroom

Two Different Views of the CourtroomLaboratory

• One view of the courtroom is that of a controlled laboratory in which the science of the law is performed.

• Under this model, attorneys present evidence, the judge supervises for quality control, and the jurors give the results of the experiment.

Page 2: Module 4: Two Different Views of the Courtroom

Two Different Views of the Courtroom

• There is little room for emotions or actions whose impact cannot be predicted.

• A trial is simply the sum of the parties’ formal evidence: eyewitness testimony, exhibits, and stipulations.

• Neither the words of counsel, nor the nonverbal communication of the defendant off the stand, nor the reaction of the gallery affects the outcome of the case.

Page 3: Module 4: Two Different Views of the Courtroom

Two Different Views of the Courtroom

• As any experienced trial lawyer knows, this sanitized venue of a trial is a figment of the imagination.

• In reality, a trial is a clash of ideas. They often take on a life of their own, and the outcome of the case is affected by factors that are not technically evidence – such as the quality of the lawyers’ presentations, the appearance and reaction of the defendant in the courtroom, and even the presence of the victim’s representatives.

Page 4: Module 4: Two Different Views of the Courtroom

Two Different Views of the Courtroom• Under this second model, the courtroom is

viewed as a theater in which the parties act out a human drama and the jury provides the conclusion.

• While a defendant sits in court, he is at center stage and on display for the jury.

Page 5: Module 4: Two Different Views of the Courtroom

Two Different Views of the Courtroom• Jurors scrutinize his every move, attaching

deep importance to a quick glance or a passing remark.

• High-profile trials show that jurors use a defendant’s courtroom demeanor to determine his/her sincerity and culpability.