Lying in court

Duncan from the UK writes:


I am from Brighton in the UK and read your blog on a regular basis. Last night I saw the concluding episode of the Michael Peterson 'Death on the Staircase' trial in the US (Durham). This morning I read your 'Liar's Blog' and it got me thinking. It seems to me that the prosecution told stories that matched the worldview of the jury. The defence however seemed to focus on the facts. Who won? The story tellers! Even the prosecutions own witnesses told stories. The defence pretty much refuted everything the prosecution came up with. It's not just marketers and politicians who are liars. I understand that stories are acceptable for marketing ?? we all expect that. But should it work in court too? Why can't a judge assess whether a lawyer is 'marketing' to the jury? It seems that the media are driving lawyers toward a marketing approach to justice. To focus purely on facts is to risk losing the case. All a lawyer has to do is understand the prevailing worldview of the jury (even select a jury with the appropriate worldview) and then tell the right story. Frightening!

Comments

[Serena]

There really ought to be a law against it but the fact is, the law is a liar! Whilst promoting itself as the bastion of justice, it is set up on economic interests alone, to guard state and corporate swindles, taking punitive measures against the individual (or group of individuals) who are wronged. To the state, we are units of production with no other function but to serve state interests. The jury (bless 'em) are so mind-controlled, they prefer fantasy fiction to facts; in fact they'd be hard-pressed to tell the difference. Politicians are elected on their schmooze-appeal and ability to deliver repetitive one-liners of no real importance or correlation to what they intend to achieve once in office (which is a foregone conclusion). Lawyers are universally loathed as traitors to justice and betrayers of people's values for a cheap buck and ego kick. No, it should not be allowed that the courtroom is staged by way of elaborate drama at such high price to the people. However, an overhaul of the legal process requires an overhaul of the economic foundations on which it is built; British Maritime Law is based on piracy, conquest and slavery.

[Artem]

Whether it is not too categorical for adult people? There are no bad specialities ("false") - there are false people

[S. Dove]

Our judicial systems says a lot about our society. The truth no longer matters. What matters is who can lie the best, or find loopholes to prevent the truth from coming out.

I agree with everything Serena said. Does the law really concern itself with TRUTH? Afraid not and that is sick.

[Bob from Sydney]

Have you read "How to Argue and Win Every Time" by Gerry Spence, famous trial lawyer (or any of his books)? Great story teller

[Jacques de Villiers]

It almost seems like "he who tells the best stories (that fit into our worldview) wins". Of course, you need to read Cialdini's work on the subject "Influence".