Monday, November 17, 2014

Digital Usage in the Courtroom (Rough Draft)

Research question: How has technology, specifically digital usage, in the court room effected the way lawyers, judges, and juries function in the courtroom? What are some examples of these digital uses? And how are these digital uses being received and presented rhetorically? 

Things I would like your help on:

** This outline is what I am going to follow no matter the means of my presentation. I am not sure how to present my project…

Should I do a video, multimodal text, or power point? What suggestions do you have regarding this? Any other presentation types I should I be thinking about?

I know this is sketchy rough draft but how is the structure in the outline so far? Does it flow? Does it make sense? Is it missing anything?

Is it entertaining? I know this is not the most exhilarating topic but could you find interest in it? If it is not very interesting to you can you see it being interesting to other people? If it is not interesting, do you have any suggestions to help?

In section V,  I have 3 articles relating the project with 3 articles in class. Do you think these are the right articles? Any other suggestions?

Minor note…title suggestions?

** I have had trouble finding actual court cases that I can study. I have an appointment with my Business Law teacher to see if she can lead me in the right direction.

I. Introduction
             A. Attention Getter: (Some court case where digital rhetoric wins a big case)
            B. Why is this important to the Project? How does it relate?
            C. Research Question to be answered…

II. Explanation/ Examples 
A.     Three basic rules categories for digital usage in a courtroom
1.     Equipment that can be brought into the courtroom by a trial lawyer regardless of whether or not the courtroom is equipped or not. EX: Laptops, videos, sound recordings, etc…
2.     Equipment normally available and equipped for a courtroom. (some courtroom have better technology that others)
EX: Digital monitors in jury box, videoconferencing, better sound system, etc…
3.      Equipment that is used is specialized cases and is not funded by the judiciary.
EX: Virtual reality displays, holograms, etc…
** Insert graphic of levels of digital usage in courtroom.

III. Lawyers
** This section will be formatted similar to section IV but it will be about usage of the digital rhetorical strategies.
A.     Category 1: What example can be most helpful in this category? How are these technologies used in a rhetorical way? How does this differ from the modern way of doing things? Examples…
B.     Category 2: What example can be most helpful in this category? How are these technologies used in a rhetorical way? How does this differ from the modern way of doing things? Examples…
C.     Category 3: What example can be most helpful in this category? How are these technologies used in a rhetorical way? How does this differ from the modern way of doing things? Examples…

IV. Jury/ Judge
** This section will be formatted similar to section III but it will be about perception of the digital rhetorical strategies.
A.     Category 1: What example can be most helpful in this category? How are these technologies perceived? How does this differ from the modern way of judgment? Do these rhetorical strategies actually effect to outcomes of court cases? Examples…
B.     Category 2: What example can be most helpful in this category? How are these technologies used in a rhetorical way? How does this differ from the modern way of judgment? Do these rhetorical strategies actually effect to outcomes of court cases? Examples…
C.     Category 3: What example can be most helpful in this category? How are these technologies used in a rhetorical way? How does this differ from the modern way of judgment? Examples…

V. Application: Apply articles read in class to digital rhetoric in the courtroom. 
A. Grant- Davies: rhetoric, discourse, and exigence. Why is it important? Why is it needed? Why is it important and needed in the courtroom? What are some of the basic ways to use rhetoric using all 3 digital usage categories?
B. Hayles: how do we interoperate? How do these ideas of interpretation help/ hurt a layer in the courtroom?  How does if effect the judge/jury? Relate to each category of digital usage.
C. Fisher: the rise of technology lead toward the fall of rationality. How do these digital rhetorical tools help teach a jury/judge rationality? Is it the lawyer’s job to teach the jury/judge rational? How can each category of digital usage help or hurt a lawyer in terms of Fisher?

VI. Conclusion
A.     Restate research question and answer in 2-4 sentences.

B.     What is the future of digital usage and digital rhetoric in the courtroom?

2 comments:

  1. Austin- I hope you check this before class! I love that you included that feedback that you're looking for-- helps me as an editor and you as a writer. On that note, I'm finding it difficult to really get a sense of how you want to put this project together (you may not be there yet, that's okay) from just the outline. It is really well organized and thought through which gives me confidence you won't have an issue with organization and structure when you sit down to get this thing written.
    1. I don't think I could tell you how to present this. In my mind, I think this is a topic where you have some neat areas of crossover, where you potentially could do something really creative like imitating a judicial hearing (ruling over the use of multi-modality in court) but that would be both ambitious and crafty. If you're looking for something easier, I think it lends itself to a formal essay format that could be woven through with photo and video. I wish I could be more help on this one, but I think as you write you will find that the multimedia acts like an illustration of sorts and will fit somewhat naturally in your project on its own.
    2. Definitely makes sense and flows, but the nature of the outline doesn't cover everything... you'll need to work hard on the prose to connect all elements and make sure the transitions work smoothly. This may be a place where images or media can come in to handy.
    3. I wish I had thought of this topic! Don't diminish it, it's definitely entertaining and very specific which will help you a lot in the process of writing. You seem to know, or have done your research, so I think that will show through in the paper the way it does in the outline. My only worry here is that it has the potential to get dry and heavy as a general topic, so be aware of that as you write and you should do fine at avoiding that.
    4. These seem like solid and relevant articles to be referencing (though Fischer is a total blank for me right now). Here is where your blog and our classmates blogs can help you out- go explore and see if something "fits" better if you're not 100 percent set on these three (and even though you've placed them here, remember that you still have the freedom outside of the outline to incorporate more in other places). I also see a deeply rooted connection to classical rhetoric and the three branches of oratory (more on these here: http://rhetoric.byu.edu/Branches%20of%20Oratory/Branches%20of%20Oratory.htm ). Kate Ryan can help you hash through this if you're interested, but a lot of rhetoric's foundation is based on law and the use of rhetoric in the courtroom. Maybe looking back can help you move forward.
    Well done so far, and good luck finishing it up! Don't hesitate to ask for more feedback or clarification if you need it.

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  2. I'll go about it question by question (hope this gives you the information you're looking for):

    1. "Should I do a video, multimodal text, or power point? What suggestions do you have regarding this? Any other presentation types I should I be thinking about?"

    - I'm a little biased, but I feel a video would be the most effective; however, it probably isn't very easy to find "good footage" of this topic. Unless you choose to take footage from a movie (The Lincoln Lawyer, The Judge, etc). Whether those movies contain exactly what you're looking for is another question in and of itself. I think that seeing a video as an example of the usage of technology will enable the reader to be engaged the most.

    2. "I know this is sketchy rough draft but how is the structure in the outline so far? Does it flow? Does it make sense? Is it missing anything?"

    - Leah seemed to cover my thoughts in this area. It is a good outline but transitioning may be the most difficult aspect. It's a similar issue that I always have, many ideas are here and they are effective, just need to connect them.

    3. Is it entertaining? I know this is not the most exhilarating topic but could you find interest in it? If it is not very interesting to you can you see it being interesting to other people? If it is not interesting, do you have any suggestions to help?"

    - Again, I am a little biased here. I will be heading to law school next year, so I find it very entertaining. Perhaps you could include a story or two within your essay in order to liven it up: an example from a court case or some kind of story that makes it more personal to the reader.

    4. - in finding court cases to use, have you searched Copyright or Patent Law? Many of the issues there are within the digital realm and there might be something for you to find there. Another good approach would be to see if you can interview an attorney here in town. There are THOUSANDS of them, good and bad.

    Hopefully this feedback helps. Good luck!

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