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Confronting the Death Penalty - How Language Influences Jurors in Capital Cases (Paperback)
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Confronting the Death Penalty - How Language Influences Jurors in Capital Cases (Paperback)
Series: Oxford Studies in Language and Law
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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.
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