Decisions and Narratives: Factfinding and Case Construction

Abstract

Chapter 6 explores trial narrative and considers the extent to which narrative is used to make sense of the world. Prosecutors are charged with determining whether there is a realistic chance that the evidence will lead to the suspect’s conviction. The evidence has to provide a compelling story because people make sense of the world and of events through narrative. Police and prosecutors are therefore engaged in a process of case construction whilst the advocate’s skill is in presenting the evidence in a way which is coherent and compelling. The centrality of story-telling challenges notions of the trial as a rational and scientific process and the implications of this to the search for truth will be analysed.