Janice E. Schuetz - Communication and Litigation: Case Studies of Famous Trials

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title	:	Communication and Litigation : Case Studies of Famous Trials
author	:	Schuetz, Janice E.; Snedaker, Kathryn Holmes
publisher	:	Southern Illinois University Press
isbn10 | asin	:
print isbn13	:	9780809314560
ebook isbn13	:	9780585107844
language	:	English
subject	Trials--United States, Trial practice--United States, Forensic orations.
publication date	:	1988
lcc	:	KF220.S38 1988eb
ddc	:	347.73/7
subject	:	Trials--United States, Trial practice--United States, Forensic orations.

Page iii Communication and Litigation Case Studies of Famous Trials Janice Schuetz and Kathryn Holmes Snedaker With a Foreword by Peter E. Kane Southern Illinois University Press Carbondale and Edwardsville

Page iv Copyright 1988 by the Board of Trustees, Southern Illinois University All rights reserved Printed in the United States of America Designed by Jody Dyer Jasinski Production supervised by Natalia Nadraga 91 90 894 3 2 Library of Congress Cataloging-in-Publication Data Schuetz, Janice E. Communication and litigation Bibliography: p. Includes index. 1. TrialsUnited States. 2. Trial practice United States. 3. Forensic orations. I. Snedaker, Kathryn Holmes, 1958-. II. Title. KF220.S38 1988 347.73'7 87-35654 ISBN 0-8093-1456-8 347.3077 The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984.

Page v Contents Foreword by Peter E. Kane vii Preface ix 1 The Press Coverage of the Hinckley Case: A Case Study of a Crime News Serial 1 A Political Scientist's Reaction W. Lance Bennett 33 2 Storytelling in Opening Statements: The Chicago Anarchists' (Haymarket) Trial 37 A Trial Lawyer's and Trial Practice Professor's Reaction Thomas A. Mauet 68 3 Narrative and Direct Examination: The Trial of Bruno Richard Hauptmann 72 A Legal Scholar's Reaction Kenneth S. Broun 99 4 Reshaping the Stories of the Adversary: Cross-Examination in the Sacco-Vanzetti Case 103 A Communication Scholar's Reaction Ruth McGaffey 136 5 Participatory Persuasion in Closing Arguments: The Trial of Julius and Ethel Rosenberg 140 A Trial Lawyer's and Trial Practice Professor's Reaction J. Alexander Tanford 173

Page vi 6. Advocate Argumentation in the Appellate Process: The Sam Sheppard Trial 177 A Judge's Reaction David S. Nelson 213 7 Courtroom Drama: The Trial of the Chicago Eight 217 A Trial Participant's Reaction William M. Kunstler 247 References 255 Index 269

Page vii Foreword The study of communication in the field of law is one that has recently received a great deal of attention from both lawyers and communication scholars. One of the newer interest groups in the Speech Communication Association is the Commission on Communication and Law. New organizations have sprung up to provide academic consultants to the legal profession and to promote the interchange of ideas among those consultants. Some law schools have even included courses in communciation in their curricula. Communication in the law is a hot field. However, for those like Janice Schuetz and Kathryn Holmes Snedaker who are familiar with the classical tradition in rhetorical theory, communication in the law is certainly not a new field. The origin of the study of rhetoric in Western culture is generally credited to Corax, a Sicilian theorist and instructor who flourished during the first half of the fifth century B.C.over twenty-five hundred years ago. Corax focused his attention on legal disputes and instructed citizens, who at that time served as their own lawyers, in how best to prepare and present their cases. His ideas were based upon his observations and analyses of actual trial practices. Corax was thus observing and analyzing real trials, drawing theoretical conclusions based on that observation and analysis, and then instructing others in the use of these insights.

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