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Legal Witness Interpretation: Unveiling Memory Narratives

Explore the reliability of witnesses in legal settings, understanding memory interpretation, and lawyer's questioning techniques. Uncover the nuances of facts versus evidence in a case.

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Legal Witness Interpretation: Unveiling Memory Narratives

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  1. PLACE ASSIGNMENT II FACE DOWN IN BOX • Please Take Seats Early So We Can Start Right Away • Defendant Interview Team in Front of Room • Plaintiff Interview Team in Back Row for Easy Exit • All Turn to “Someone in a Tree” (S68)

  2. Someone in a Tree (1976) • Narrator (“Reciter”) complains that there were no witnesses to the meeting at which Admiral Perry & the Japanese signed treaty • Two witnesses--boy in tree & Samurai under building—come forward: • How do they know what they know? • How reliable are they?

  3. GRAY INTERVIEW #1 BODDICKER’S LAWYERS

  4. GRAY INTERVIEW #2 LAWYERS FOR BOGGS & MARTINEZ

  5. GRAY INTERVIEW #3 FOLLOW-UP QUESTIONS FROM THE AUDIENCE

  6. GRAY INTERVIEW THANK YOU to ANDREA CORTLAND

  7. LOGISTICS • INFO MEMO #3 POSTED AFTER CLASS • Property Midterm Info • Exam Tips • Comments on Assignment II (Prior Classes) • CHAPTER 6 POSTED BY TOMORROW • OFFICE HOURS THIS WEEK • Cancelled Today • Thursday 2-5 pm • Saturday 2-6 pm

  8. ASSIGNMENT II FOLLOW-UP • Both Sets of Materials Posted After Class • To Get Maximum Benefit: • Read Other Side’s Info • Look at Other Group’s Submissions • Compare to Comments on Prior Classes • Legal Issues for Review • D would contest Continuity & Exclusivity • Best Arguments for Each Side?

  9. FACTS v.EVIDENCE Two Sets of Problems Discovering Facts: • What Witness Knows • What Lawyer Can Get From Witness

  10. What Witness Knows • Ability to Perceive • Ability to Remember • Interpretation by Witness

  11. What Witness Knows • Ability to Perceive • Physical Limits of Witness • Situation-Specific Limits • Ability to Remember • Interpretation by Witness

  12. What Witness Knows • Ability to Perceive • Ability to Remember • Clearly Limited in Fact • When Likely to Improve? (Wigmore) • Interpretation by Witness

  13. Interpretation by Witness To explain & fill-in what we see, we tell ourselves stories

  14. “I don’t know if that’s our flock or another flock or just a bunch of little M’s.” M M M M M M M M M

  15. Interpretation by Witness To explain & fill-in what we see, we tell ourselves stories • Determined by Prior Experience • Determined by Stereotypes/Bias so very individual

  16. Interpretation by Witness • To explain & fill-in what we see, individual story-telling • Memory itself involves interpretation • Memory is malleable; changes with retellings • Mind fills in gaps

  17. What Lawyer Can Get From Witness • Witness Issues • Lawyer Issues

  18. What Lawyer Can Get From Witness • Witness Issues • Ability to Communicate • Willingness to Communicate • Lawyer Issues

  19. What Lawyer Can Get From Witness • Witness Issues • Ability to Communicate • Willingness to Communicate • Lawyer Issues • Questioning Process • Lawyer’s Own Interpretations

  20. FACTS v.EVIDENCE “FACTS” OF CASE DEPENDENT ON LAWYER’s CONSTRUCTION & PRESENTATION

  21. FACTS v.EVIDENCE WHAT REALLY HAPPENED? • Can’t Know Facts For Sure

  22. FACTS v.EVIDENCE WHAT REALLY HAPPENED? • Can’t Know Facts For Sure • Just HaveEvidence: “Fragments of the Day”

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