Article Figures & Data
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Authors Observational Ideas Implications Schubert et al.8 Courtroom work is face-to-face interaction; a form of political behavior Emphasis is on being persuasive and winning the debate Less important is clarification Oral testimony is observable and therefore deserves extensive study so that we learn to testify better Johnson et al.9 Roberts10 Oral arguments in the Supreme Court matter Elite decision-makers can be influenced by those presenting arguments to them Quality of the oral argument and the credibility of the presenter determine impact/influence Maher11 Notions derived from communications discipline Develop a story for the juryPresent the story orally and visually - Table 2
A Universal List of Communicative Means Documented in Various Cultures and Used to Key Performance
Name of Technique Explanatory Examples Special formulae signaling performance Conventional openings and closings Special codes Archaic or esoteric language reserved for the performance ritual Figurative language Metaphors Special patterns of tempo, stress, pitch Expert's manipulation of voice and technical mastery of the microphone and other electronic aids Appeal to tradition Reliance on images linked to psychiatry; appearance of being thoughtful, pensive -
Adapted from Bauman R: Verbal art as performance (Ref. 13, p 295).
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Stage I Entrance into the courtroom with intent to be informative and performative Stage II Initiating the performance: act of accrediting through introduction; establishment of credentials and experience Stage III Direct examination: interactive exchanges to facilitate the telling of the expert witness's story—the narrative. Use of techniques to tell the story with voice and body; use of other visual aids Stage IV Cross examination: the process where the expert's story will be challenged and where the expert must work calmly to buttress the story—with techniques employed in the preceding stage Stage V Transitioning to the end: the direct examiner seeks to underline the major points of the expert's narrative and signals to the audience that the performance is coming to a close and the curtain will fall -
Throughout, the performance will still be influenced by professional ethics, identity, and representation.
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