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Research ArticleRegular Article

Oral Performance, Identity, and Representation in Forensic Psychiatry

Ezra E. H. Griffith and Madelon Baranoski
Journal of the American Academy of Psychiatry and the Law Online September 2011, 39 (3) 352-363;
Ezra E. H. Griffith
MD
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Madelon Baranoski
PhD
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    Table 1

    Main Ideas and Implications Derived From Certain Scholars

    AuthorsObservational IdeasImplications
    Schubert et al.8Courtroom work is face-to-face interaction; a form of political behaviorEmphasis 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 Roberts10Oral arguments in the Supreme Court matterElite 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
    Maher11Notions derived from communications disciplineDevelop a story for the juryPresent the story orally and visually
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    Table 2

    A Universal List of Communicative Means Documented in Various Cultures and Used to Key Performance

    Name of TechniqueExplanatory Examples
    Special formulae signaling performanceConventional openings and closings
    Special codesArchaic or esoteric language reserved for the performance ritual
    Figurative languageMetaphors
    Special patterns of tempo, stress, pitchExpert's manipulation of voice and technical mastery of the microphone and other electronic aids
    Appeal to traditionReliance 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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    Table 3

    The Five Stages of Courtroom Performance by the Expert Witness

    Stage IEntrance into the courtroom with intent to be informative and performative
    Stage IIInitiating the performance: act of accrediting through introduction; establishment of credentials and experience
    Stage IIIDirect 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 IVCross 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 VTransitioning 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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Journal of the American Academy of Psychiatry and the Law Online: 39 (3)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 39, Issue 3
1 Sep 2011
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Oral Performance, Identity, and Representation in Forensic Psychiatry
Ezra E. H. Griffith, Madelon Baranoski
Journal of the American Academy of Psychiatry and the Law Online Sep 2011, 39 (3) 352-363;

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Oral Performance, Identity, and Representation in Forensic Psychiatry
Ezra E. H. Griffith, Madelon Baranoski
Journal of the American Academy of Psychiatry and the Law Online Sep 2011, 39 (3) 352-363;
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