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Confronting the death penalty how language influences jurors in capital cases 1st Edition by Robin Conley ISBN 0199334161 9780199334162

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Confronting the death penalty how language influences jurors in capital cases 1st Edition Robin Conley Digital Instant Download

Author(s): Robin Conley
ISBN(s): 9780199334162, 0199334161
Edition: 1
File Details: PDF, 1.39 MB
Year: 2016
Language: english
SKU: EB-6638430 Category: Tag:

Confronting the death penalty how language influences jurors in capital cases 1st Edition by Robin Conley – Ebook PDF Instant Download/Delivery: 0199334161, 9780199334162
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ISBN 10: 0199334161 
ISBN 13: 9780199334162
Author: Robin Conley

Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book explores the means through which language helps to make death penalty decisions possible – how specific linguistic choices mediate and restrict jurors’, attorneys’, and judges’ actions and experiences while serving and reflecting on capital trials. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors’ decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making – conveyed in the form of authoritative legal language – when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.

Confronting the death penalty how language influences jurors in capital cases 1st Table of contents:

1. Introduction: “That’s the hardest thing I’ve ever had to do”

  • The Significance of Language and Death Penalty Juries

  • Is Capital Sentencing a Violent Act? A Potential Irony

  • A Note on Race and the Death Penalty

  • Road Map for the Book

2. Doing Death in Texas: Studying Jurors in the “Death Penalty State”

  • The Death Penalty Schema in Texas

  • State Killing in the United States and Texas

  • Anomalies within Anomalies

  • One Texas Life Case

  • The Death Penalty and Identity in Texas

  • Research Design and Methods

  • Participant Observation

  • Interviews

  • Transcript Conventions

3. “I hope I’m strong enough to follow the law”: Emotion and Objectivity in Capital Jurors’ Decisions

  • Defining Emotion and Empathy

  • Instructing Capital Jurors: A Contradiction

  • Socializing Jurors into Fact-Finders: Capital Voir Dire

  • Objectivity and Impartial Juries

  • Power of the Judge

  • Oath, Honesty, and Obligation

  • Jurors’ Postverdict Comments on Emotion and Objectivity

  • Emotion and Masculinity

  • Putting Emotion Aside and Death Qualification

4. Facing Death: Empathy, Emotion, and Embodied Actions in Jurors’ Decisions

  • Paralinguistic Ideologies

  • Studying Paralinguistic Ideologies in Capital Trials: A Methodological Caveat

  • Jurors and Demeanor Evidence

  • Empathy, the Face, and Law

  • Bodies in Law

  • Defendants’ Presence and Personhood

  • Defendants’ Offstage Behavior

  • Seeing Faces, Feeling Bodies in Capital Trials

5. Linguistic Distance and the Dehumanization of Capital Defendants

  • Proximity and Empathy

  • Empathy, Proximity, and Language

  • Deixis and Reference to Defendants

  • Person Reference and Personhood

  • Analyzing Demonstrative Reference and Proximity

  • Examples of Repair

  • Legal Models of Linguistic Distance

  • Jurors, Demonstrative Reference, and Giving Death

  • Dehumanization and Death Sentences

  • Demonstrative Reference and Jurors’ Attribution of Criminal Responsibility

  • This Guy’s Life Is at Stake

  • Reference Forms as Indicators of Life or Death Decisions

  • Reference and Defendants’ Humanity

6. Agents of the State: Capital Jurors’ Accountability for Death Sentences

  • Responsibility and the Death Penalty

  • Language and Agency

  • Texas’s Sentencing Scheme, Jury Instructions, and Juror Accountability

  • Voir Dire as Socialization into Killing

  • Questioning Jurors about Their Responsibility

  • Jurors’ Postverdict Formulations of Responsibility

  • Passive Constructions and Mitigated Agency

  • Juror Polling

  • Collective Agency

  • From Violence to Rules

  • Implications for Legal Practice

7. Conclusion: Linguistic Dehumanization and Democracy

  • Legal Language, Dehumanization, and Democracy

  • Juries, Dehumanization, and Democracy

  • Some Words for Legal Practitioners

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Tags: Robin Conley, death penalty, language, capital