Defending depositions in high-stakes civil and quasi-criminal litigation: an application of therapeutic jurisprudence
Depositions are the most common form of live testimony in litigation. Particularly in high-stakes civil and quasicriminal litigation, however, depositions are often a source of considerable stress and anxiety for the witness. Therapeutic jurisprudence is an interdisciplinary approach to studying the...
| VerfasserInnen: | ; |
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| Medienart: | Elektronisch Aufsatz |
| Sprache: | Englisch |
| Veröffentlicht: |
2003
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| In: |
Western criminology review
Jahr: 2003, Band: 4, Heft: 2, Seiten: 134-142 |
| Online-Zugang: |
Volltext (kostenfrei) |
| Verfügbarkeit prüfen: | HBZ Gateway |
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| Zusammenfassung: | Depositions are the most common form of live testimony in litigation. Particularly in high-stakes civil and quasicriminal litigation, however, depositions are often a source of considerable stress and anxiety for the witness. Therapeutic jurisprudence is an interdisciplinary approach to studying the law. It uses both social science and legal analysis to study the psychological and emotional effects that legal procedures have on people. The present article suggests that because depositions are often a stressful legal proceeding, they provide a rich context for the application of therapeutic jurisprudence. The authors suggest that good lawyers engage in a number of techniques during the defense of depositions that may have positive psychological effects on witnesses. Those techniques have been developed by lawyers through trial and error, but have seldom been subjected to empirical testing. The authors argue that empirical research should be conducted to identify therapeutic techniques for defending depositions. |
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| Beschreibung: | Literaturverzeichnis: Seite 141 |
