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950701s1995 xx ||| b ||| | eng d |
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|a Griffin, Susan.
|0 http://id.loc.gov/authorities/names/n79058509
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| 245 |
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|a The Official Version :
|b Incoherence and Credibility in the Appellate Opinion /
|c Susan Griffin.
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|a [Place of publication not identified] :
|b Distributed by ERIC Clearinghouse,
|c 1995.
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|a 11 pages
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|a ERIC Note: Paper presented at the Annual Penn State Conference on Rhetoric and Composition (14th, University Park, PA, July 12-15, 1995).
|5 ericd
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| 520 |
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|a According to narrative theory, stories are told when there is a need to resolve conflicts. Like history, the law, too, has the task of choosing among many stories, designating one as "what really happened." Bernard Jackson suggests that judges, in deciding cases, look for "narrative coherence," that is, internal and external logic. Generally speaking, people find stories plausible when they have no gaps, and when they match the narrative models that both experience and culture offer. The People v. Borchers is a particularly disturbing case in which the age, gender, and class bias of an appellate court seems to override the rule of "narrative coherence." While the jury did not believe that Borchers acted in the heat of passion when he killed his mistress, the appellate court did. It constructs a version of the story in which, Dotty, the young victim, sexually and financially exploits a middle-aged insurance broker, aged 45. When the appellate version of the story has been presented in a legal writing course over the past 3 years, students have greeted it with unvarying skepticism. How is it possible, then, that an appellate court could have accepted a story that to other observers is clearly incoherent? The answer is not a cheerful one: the age, gender, and class biases of the male judges blinded them to the story's gaps and inconsistencies. (TB)
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|a Microfiche.
|b [Washington D.C.]:
|c ERIC Clearinghouse
|e microfiches : positive.
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|a Microform.
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7 |
|a Coherence.
|2 ericd
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|a Court Litigation.
|2 ericd
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|a Credibility.
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|a Criminal Law.
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|a Law Students.
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|a Narration.
|2 ericd
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| 650 |
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|a Sex Bias.
|2 ericd
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| 650 |
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|a Social Class.
|2 ericd
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| 650 |
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|a Writing (Composition)
|2 ericd
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|a Appellate Courts
|a Legal Writing
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