2008
DOI: 10.1177/0957926508095892
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The expert witnesses and courtroom discourse: applying micro and macro forms of discourse analysis to study process and the 'doings of doings' for individuals and for society

Abstract: The expert witness in legal proceedings is both a historically necessary part of modern legal proceedings in a society increasingly influenced by science and technology, and a much maligned figure often accused of purporting 'junk science' and of acting as an ethically empty mercenary. While much of the social action that attempts these various subjectifications is done outside of courtrooms, this article takes as its object verbal interaction in actual court proceedings that involve an expert witness. The stu… Show more

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Cited by 16 publications
(11 citation statements)
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“…The problem with this approach is that norms are a form of commonsense judgement, and commonsense judgement is frequently underpinned by assumption and unexamined prejudice. 15,24,29,30 In effect what the analysis has revealed is that the findings of unethical conduct have been substantially determined on the basis of the opinions and persuasive argument of the Complainant and Chair. Indeed, the phrase 'unethical conduct' was infrequently mentioned in the inquiries; yet unethical conduct was found to have occurred and was used by each Chair to attribute the necessary level of gravity to the nurse's conduct, to enable a finding of professional misconduct and the subsequent disciplinary sanction of removal of the name of the nurse from the Register.…”
Section: Discussionmentioning
confidence: 99%
“…The problem with this approach is that norms are a form of commonsense judgement, and commonsense judgement is frequently underpinned by assumption and unexamined prejudice. 15,24,29,30 In effect what the analysis has revealed is that the findings of unethical conduct have been substantially determined on the basis of the opinions and persuasive argument of the Complainant and Chair. Indeed, the phrase 'unethical conduct' was infrequently mentioned in the inquiries; yet unethical conduct was found to have occurred and was used by each Chair to attribute the necessary level of gravity to the nurse's conduct, to enable a finding of professional misconduct and the subsequent disciplinary sanction of removal of the name of the nurse from the Register.…”
Section: Discussionmentioning
confidence: 99%
“…These methods of referring to people can be used strategically by claiming or excluding those referred to from group membership, characteristics or qualities (e.g. Winiecki, 2008). Speakers can also use formulations and reformulations to emphasize specific aspects of statements or to reframe arguments (Atkinson and Drew, 1979; Hutchby, 2005).…”
Section: Methodsmentioning
confidence: 99%
“…Conversation analysis developed as a research program that investigates members' methods of meaning making on the basis of tape-recorded talk. Employing a combination of MCA with conversation analysis, MCA studies in law and society scholarship have focused on specific moments in the procedure, and analyzed transcripts of hearings (Winiecki 2008; Licoppe 2015) or specific documents like expert reports (Wolff 1995; Schank 2012/1213). I expand the analytical context of MCA and analyze the categorization work of the civil hearing in its relation to a chain of other events that constituted the civil proceeding.…”
Section: Categorization In Warfarementioning
confidence: 99%
“… For the construction of subjectivity and the categorization of an expert through courtroom interaction, see Winiecki (). For the maneuvering of experts between knowing and not knowing, see Scheffer ().…”
mentioning
confidence: 99%