Psychological Manipulation in the Courtroom

Gold, Victor

Journal: Nebraska Law Review

Volume: 66

Year: 1987

Bluebook Citation: 66 NEB. L. REV. (1987)

Author: Victor J. Gold: all 14 publications


Abstract

I. The Techniques of Covert Advocacy ... A. Techniques to Induce the Use of Extra-Legal Basis for Decisionmaking ... 1. Courtroom Style as an Extra-Legal Basis for Decisionmaking ... 2. Bias as an Extra-Legal Basis for Decisionmaking ... B. Techniques to Induce Illogical Evaluation of Evidence ... 1. Meaning Manipulators ... 2. Weight Manipulators II. Implications of Covert Advocacy for the Jury System and the Adversary Process ... A. Roles of the Jury and the Adversary Process ... B. Covert Advocacy and Jury Independence III. Controlling Covert Advocacy ... A. The Dangers of Controls ... B. Judicial Control of Covert Advocacy ... C. Jury Control of Covert Advocacy ... 1. Expanding the Jury's Powers ... 2. Increasing and Improving the Flow of Information to the Jury ... 3. Improving the Jury IV . Conclusion

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