module 4: two different views of the courtroom

Two Different Views of the CourtroomLaboratory

• One view of the courtroom is that of a controlled laboratory in which the science of the law is performed.

• Under this model, attorneys present evidence, the judge supervises for quality control, and the jurors give the results of the experiment.

Two Different Views of the Courtroom

• There is little room for emotions or actions whose impact cannot be predicted.

• A trial is simply the sum of the parties’ formal evidence: eyewitness testimony, exhibits, and stipulations.

• Neither the words of counsel, nor the nonverbal communication of the defendant off the stand, nor the reaction of the gallery affects the outcome of the case.

Two Different Views of the Courtroom

• As any experienced trial lawyer knows, this sanitized venue of a trial is a figment of the imagination.

• In reality, a trial is a clash of ideas. They often take on a life of their own, and the outcome of the case is affected by factors that are not technically evidence – such as the quality of the lawyers’ presentations, the appearance and reaction of the defendant in the courtroom, and even the presence of the victim’s representatives.

Two Different Views of the Courtroom• Under this second model, the courtroom is

viewed as a theater in which the parties act out a human drama and the jury provides the conclusion.

• While a defendant sits in court, he is at center stage and on display for the jury.

Two Different Views of the Courtroom• Jurors scrutinize his every move, attaching

deep importance to a quick glance or a passing remark.

• High-profile trials show that jurors use a defendant’s courtroom demeanor to determine his/her sincerity and culpability.