Difference between revisions of "Maynard1988a"

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{{BibEntry
 
{{BibEntry
 
|BibType=ARTICLE
 
|BibType=ARTICLE
|Author(s)=Douglas W. Maynard;  
+
|Author(s)=Douglas W. Maynard;
 
|Title=Narratives and narrative structure in plea bargaining
 
|Title=Narratives and narrative structure in plea bargaining
|Tag(s)=EMCA; Narratives; Plea Bargaining; Courtroom Interaction;  
+
|Tag(s)=EMCA; Narratives; Plea Bargaining; Courtroom Interaction;
 
|Key=Maynard1988a
 
|Key=Maynard1988a
 
|Year=1988
 
|Year=1988
 
|Journal=Law and Society Review
 
|Journal=Law and Society Review
 
|Volume=22
 
|Volume=22
|Pages=101-133
+
|Number=3
|URL=https://link.springer.com/chapter/10.1007/978-1-4899-3719-3_3
+
|Pages=101–133
|Abstract=Recent interest in oral language and law (Atkinson & Drew, 1979; Danet, 1980; Levi, 1985; O’Barr, 1982; Pomerantz & Atkinson, 1984), repeating a characteristic of earlier research on criminal justice (cf. Newman, 1966:xiv, Rosett & Cressey, 1976), gives disproportionate attention to trials and formal proceedings rather than informal processes such as plea bargaining, even though it is in the give-and-take of the more casual setting that practitioners settle the bulk of cases coming before the courts. To be specific, the “explosion” of ethnographic research on plea bargaining during the last 15 years (Maynard, 1984:1) makes it abundantly clear that attorneys often present “facts” by telling stories about “what happened.” However, although investigators have explored various dimensions of storytelling in the courtroom (Bennett & Feldman, 1981; O’Barr & Conley, 1985), narratives in the negotiational arena are unstudied and unexplicated.
+
|URL=https://www.jstor.org/stable/3053625
 +
|DOI=10.2307/3053625
 +
|Abstract=During plea negotiations, attorneys use stories to tell what happened when a defendant was charged with an offense. This paper is concerned with how attorneys tell stories, and includes a consideration of narrative structure and how components of this structure are used in plea negotiations. Components of narrative include: (1) a story entry device; (2) the story itself which may contain a backgrounding segment, action report, and reaction report; and (3) a defense segment in which an attorney denies or explains the defendant's behavior. Systematic employment of these components results in four patterns of negotiations: (1) routine processing, (2) assessing character; (3) disputing facts, and (4) arguing subjectivity. Narrative structure is part of the interaction order of negotiations and is a mechanism through which participants assemble features of a case and aspects of the courtroom setting. Narrators reflexively become part of the stories they tell, which provides a structural motivation for them to perform well during negotiations.
 
}}
 
}}

Latest revision as of 09:52, 21 October 2019

Maynard1988a
BibType ARTICLE
Key Maynard1988a
Author(s) Douglas W. Maynard
Title Narratives and narrative structure in plea bargaining
Editor(s)
Tag(s) EMCA, Narratives, Plea Bargaining, Courtroom Interaction
Publisher
Year 1988
Language
City
Month
Journal Law and Society Review
Volume 22
Number 3
Pages 101–133
URL Link
DOI 10.2307/3053625
ISBN
Organization
Institution
School
Type
Edition
Series
Howpublished
Book title
Chapter

Download BibTex

Abstract

During plea negotiations, attorneys use stories to tell what happened when a defendant was charged with an offense. This paper is concerned with how attorneys tell stories, and includes a consideration of narrative structure and how components of this structure are used in plea negotiations. Components of narrative include: (1) a story entry device; (2) the story itself which may contain a backgrounding segment, action report, and reaction report; and (3) a defense segment in which an attorney denies or explains the defendant's behavior. Systematic employment of these components results in four patterns of negotiations: (1) routine processing, (2) assessing character; (3) disputing facts, and (4) arguing subjectivity. Narrative structure is part of the interaction order of negotiations and is a mechanism through which participants assemble features of a case and aspects of the courtroom setting. Narrators reflexively become part of the stories they tell, which provides a structural motivation for them to perform well during negotiations.

Notes