Persuasion in the Legal Process
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- Created by: MollyNobbs
- Created on: 03-01-18 17:41
Defining Truth and Trust
Definitions:
- Persuasion: an attempt in communication to convince others to do or believe something
- Deception: persuasion by misleading, misinforming or misdirecting
- Lying: asserting a proposition that we do not believe
Nature of Lying:
- 3 elements of lying (Coleman and Kay 1981)
- Factual falsity: 'the earth is flat'
- Falsity of belief: 'I know in fact, the earth is flat'
- Intention to decieve: 'I want you to believe the earth is flat'
- Liar Paradox
- 'I am lying'
- Refers to what was just said, not what you are saying now
- Plato's and Neitszche's cynical certainties
- Everything we know is a lie
- How can we distinguish a truth from a lie?
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Sincerity
- Speaker has a commitment to truthfulness
Grices Maxim of Quality:
- Make your contribution one that is true
- Do not say what you believe to be false - sincerity
- Do not say that for which you lack adequate evidence - accuracy
- Truthfulness requires both sincerity and accuracy
Sincerity and Accuracy:
- Sincerity: sharing with your interlocutor what they have a right to know
- Accuracy: caring about getting things right
Discourse strategies of insincerity:
- WIthholding: keeping back salient truths
- Misleading: implicitly suggesting what you do not believe
- Lying: explicitly asserting what you do not believe
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Suspension of Truthfulness
We can suspend our commitment to truthfulness in some contexts:
- Conventional
- Prescribed: fiction, comedy
- Performed: irony, hyperbole, metaphor
- Consequential
- Polite: save face of others eg false invitation
- Protective: save others or oneself from harm eg murderer at the door
- Condonable: playful eg pranks
Perjury:
- Legal determination of lying as criminally sanctionable
- Testimonial oath:
- Converts truth presumption into prescription: an oral contract that binds witnesses to truth of their words
- Bronston Case
- Inquisitorial system: truth is elicited
- Adversarial system: truth is tested
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Trust and the Liar
- Trust based on risk, leap of faith
- More we trust, less likely to worry about deception
- Presumption of Trust
- Have to trust the world will function normally
- Lying breaches trust between interlocutors: misleads the hearer
- Contracts and Trust
- Default position: parties cannot be trusted to keep their word
- Contracts bind them legally to their word
- By blindly trusting a company, we take on all risks
- Companies invest no trust in the user
- Users are bound by the terms of the company
- In companies best interest if user doesn't read terms
Lying in Testimony: trust in the witness is assigned according to -
- Percieved inherent trustworthiness
- Percieved credibility of testimony
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Low Trust Defendant
- Defendant contrasts to gentleman/expert:
- Strong vested interest
- Statistically more likely to be lower class
- Archetypal context of distrust
- Cannot expect participants to be honest
- Lawyer bound by code of ethics that may clash with code to represent clients best interests
- Defendant testifying
- Working class defendants suffer link between trust and class
- From Lie to Liar
- Stressing frequency of lying
- Collective lies
- Repetition
- Intensification
- Morality
- Capacity to lie
- Normality of lying
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Lying in Police Interrogation
- Context of extreme institutional distrust
- Different rules
- In US jurisdictions; distrust legitimates police lying to the suspect
- Suspects not allowed to lie and can be charged for false statement
- Suspect may trust interrogator as figure of authority
- Deceptive techniques used in the US
- Lying
- Intimidation
- Silence
- False sympathy
- False empathy
- Altering information
- Pointing out contradictions
- Bodily cues of deception
- Minimising the seriousness of the defendants actions
- Focussing on the futility of denial
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Polygraph
- Win-win testing
- If suspect fails, interrogator will lie and say this proves guilt
- If suspect passes, interrogator will lie and claim they failed
- Vulnerable suspects will trust the interrogator and the technology
- Leads to false confessions
- Convinced of crimes they did not commit
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