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  • Trial and Error: Failing and Learning in Criminal Proceedings

    Author(s)
    Hannken-Illjes, Kati
    Holden, Livia
    Kozin, Alexander
    Scheffer, Thomas
    Griffith University Author(s)
    Holden, Livia
    Year published
    2007
    Metadata
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    Abstract
    This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four extensive ethnographic studies in defense lawyer's firms. We will track down the failures of topoi at three different stages ...
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    This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four extensive ethnographic studies in defense lawyer's firms. We will track down the failures of topoi at three different stages (pre-trial, trial, and deliberation) in our different legal regimes. Failing occurs in all proceedings in various modes and at different stages. We argue that those modes as well as the different stages at which they occur point at the spots in the respective procedures that allow for learning about the inherent conceptions of "good reasons."
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    Journal Title
    International Journal for the Semiotics of Law
    Volume
    20
    Issue
    2
    DOI
    https://doi.org/10.1007/s11196-006-9041-x
    Subject
    Criminal Law and Procedure
    Law
    Publication URI
    http://hdl.handle.net/10072/28185
    Collection
    • Journal articles

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