Unreliable Narration in Law Courts

Arnauld, Andreas von; Martini, Stefan

doi:10.1515/9783110408263.347

Cited by 9 publications

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“…Plausibility creates the impression of truth. Analyses of the self-portrayal of defendants and communication in courts confirm the significance of assessments that typify and are based on everyday experiences; judges make decisions on the basis not only of legal but also of everyday knowledge (Ewick and Silbey, 1995; Polletta et al, 2011; Scheppele, 1994; Von Arnauld and Martini, 2015).…”

Section: Resultsmentioning

confidence: 97%

Help Wanted? A Narrative Look at Penal Welfarism ‘From Below’

Dollinger¹

2019

Youth Justice

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This article explores principles of penal welfarism. For a number of years, there has been a wide-ranging debate on the impact of penal welfarism and on its transformation or indeed its possible supersedence. To date, however, discussions have rarely started with those directly affected (‘from below’) and asked how welfarist measures are experienced and perceived by young people who have been charged with or convicted of offences. This is the approach taken here as I focus on young defendants in the context of their trial. The young people describe in detail problematic life stories and personal challenges. However, the majority reject any attempt to label them as cases for education or rehabilitation. Help in the respondents’ view should primarily resolve specific, pragmatic problems, and not interfere with their identity.

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Section: Resultsmentioning

confidence: 97%

Help Wanted? A Narrative Look at Penal Welfarism ‘From Below’

Dollinger¹

2019

Youth Justice

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“…Criminal investigations and trials are a textbook example of these evaluations, because, e.g. in court, only specific narratives are assessed as authentic and credible, whereas others are not (Arnauld and Martini, 2015; Ewick and Silbey, 1995; Polletta et al., 2011). In this respect, the telling of stories is regulated.…”

Section: Introductionmentioning

confidence: 99%

Subjects in criminality discourse: On the narrative positioning of young defendants

Dollinger

2017

Punishment & Society

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This essay locates itself in the context of “narrative criminology”. By means of analyses of the categorization work performed by young defendants in interviews, it is reconstructed how they conceptualize themselves interactively as subjects and/or “perpetrators”. This categorization not only performs a location within the, respectively, told story and the interactive situation of the interview; the interviewees also position themselves in cultural criminal discourse. The analysis of corresponding narrations can therefore contribute to understanding the connection of individual and public narratives on criminality. This is described on the basis of three case examples. With a “sad story”, a heroic story and references to individual cases that received particularly great public attention, the interviewees each develop context-specific categorizations and cultural positionings of “their” criminality and biography.

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Arnauld¹

2017

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Unreliable Narration in Law Courts

Cited by 9 publications

References 0 publications

Help Wanted? A Narrative Look at Penal Welfarism ‘From Below’

Help Wanted? A Narrative Look at Penal Welfarism ‘From Below’

Subjects in criminality discourse: On the narrative positioning of young defendants

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