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The microformation of criminal defence : on the lawyer's notes, speech production, and the field of presence

Die Mikroformation der Strafverteidigung : Anwaltsrede, Sprachinszenierung und das Feld der Präsenz
[journal article]

Scheffer, Thomas

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Abstract In the following discourse analysis, I crisscross the realms of text and talk to follow the microformation of legal discourse. How, I ask, does a barrister put together the case for a Crown Court hearing? This representational project, I argue, involves assorted artefacts (marks, modules, maps, or lists) that are consulted as resources on succeeding stages. The various sites of the microformation are the brief, the barrister's note book, and some confidential and staged speech events. The offered trans-sequential analysis of legal discourse puts into perspective preparation and performance, file work and speech production, procedural history, and the field of presence. I explore, above all, the unknown region in between judicial talk and textuality. In this way, in the article, I account for the complexity, contingency, and craft of criminal defense.
Keywords defense in a criminal case; trial; communication; court; lawyer; discourse; speech; text
Classification Criminal Sociology, Sociology of Law
Method descriptive study
Document language English
Publication Year 2006
Page/Pages p. 303-342
Journal Research on Language and Social Interaction (ROLSI), 39 (2006) 3
Status Published Version; reviewed
Licence Creative Commons - Attribution