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FACTS

FACTS. Every lawsuit tells a story Legal Storytelling involves the utilization of facts to support and bolster a particular version of reality Lawsuit or Trial is a Contest over whose story is more persuasive to the decision-maker. Incident Arrest Arraignment Jury selection

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FACTS

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  1. FACTS • Every lawsuit tells a story • Legal Storytelling involves the utilization of facts to support and bolster a particular version of reality • Lawsuit or Trial is a Contest over whose story is more persuasive to the decision-maker.

  2. Incident Arrest Arraignment Jury selection Opening statements Organization of Legal ProcessIN A CRIMINAL CASE

  3. Prosecution case Defense case Summations Judge’s charge Jury deliberation Verdict sentence AND-

  4. TRIALS ARE • Built around a theory that drives each side’s case • In a Criminal Case, the Prosecution and the Defense has a theory of what happened and seek to present evidence that prove that theory, according to a legal standard (beyond a reasonable doubt)

  5. Trial-Theory of Defense • Alibi defense • The defense wanted to create an interpretation of events and a way of thinking about the defendant that the jury could believe. • Elements of this defense • Testimony of witnesses • Impeach identification of defendant

  6. Trial-Theory of Prosecution • Acting in concert • Identity was clearly established • Defendant “exercising right not to be present” • Witnesses victims eyewitness police officers

  7. Narrative Dissonance • In a trial, the facts that the jury hears are selected, sorted and controlled by the rules of law-rules of evidence • This author called into question the legitimacy of this process when he discovered that the reality (and what he believed to be the truth) upon which he based his verdict was false

  8. HOW LAW RECONSTRUCTS REALITY

  9. Verdict • Was Justice Done?

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