Art On Trial

Describing an outstanding example of the use of forensic art therapy in a criminal case, David Gussak, contracted by the defence to analyse the evidence in this instance, recounts his findings and presentation in court, as well as the future implications of his work for criminal proceedings.

"This book examines six modern art trials covering a wide range of legal and artistic considerations ... the first in-depth examination of the art trial from every intriguing point of view"--Cover.

An unusually large number of court cases against art, artists, and curators have taken place in Russia since the turn of the century. In reference to two of the most prominent, against the organizers of the exhibitions 'Caution, Religion!' and 'Forbidden Art 2006', the author examines the ways in which the meaning of art and its socio-political effects are argued in court: How do these trials attempt to establish a normative concept of art, and furthermore a binding juridical understanding of art? How is the discussion of what is permissible in art being framed in Russia today? Research into the post-Soviet art trials has been mainly journal-driven until today. Only the fairly recent trials of the Pussy Riot activists and Pyotr Pavlensky provoked lengthy publications, but these are mostly concerned with explicitly political and activist art rather than its particular discourse when on trial. This book, however, takes a scholarly approach towards (Russian) art on trial. It puts the cases in a national-historical context, which is compared from international perspectives, and particularly focuses on the way in which these proceedings have intensified juridical power over artistic freedom (of speech) in the production of art in Russia. This book will appeal to academics and students in the areas of art history, cultural science, sociology, and Slavic studies, as well as jurists, curators and museum specialists, researchers and employees in cultural institutions.

A man kidnaps his two children, murders one, and attempts to kill the other. The prosecution seeks the death penalty, while the defense employs an unusual strategy to avoid the sentence. The defendant's attorneys turn to more than 100 examples of his artwork, created over many years, to determine whether he was mentally ill at the time he committed the crimes. Detailing an outstanding example of the use of forensic art therapy in a capital murder case, David Gussak, an art therapist contracted by the defense to analyze the images that were to be presented as evidence, recounts his findings and his testimony in court, as well as the future implications of his work for criminal proceedings. Gussak describes the role of the art therapist as an expert witness in a murder case, the way to use art as evidence, and the conclusions and assessments that professionals can draw from a defendant's artworks. He examines the effectiveness of expert testimony as communicated by the prosecution, defense, and court, and weighs the moral, ethical, and legal consequences of relying on such evidence. For professionals and general readers, this gripping volume presents a convincing account of the ability of art to reflect a damaged and dangerous psyche. A leading text on an emerging field, Art on Trial demonstrates the practical applications of an innovative approach to clinical assessment and treatment.

Are you struggling to find your stride as a trial attorney? Do you fail, even when you know you are doing everything the "right" way? Then there is only one question to answer: Are you ready to live by a code and system that will work in any situation? Using Sun Tzu's revered The Art of War as a point of inspiration and reference, Michael Waddington offers up bite-size pieces of advice, snippets of strategy, and countless nuggets of wisdom he's accumulated over hundreds of trials. Instead of dwelling on the logistics and technicalities of trial practice, The Art of Trial Warfare illustrates the habits of a successful trial attorney. It speaks eloquently to the art of attack, of exploiting weaknesses, and of leveraging each success. After time, the wisdom becomes muscle memory, instilling habits that will improve any trial attorneys game. Trial is war. Trial lawyers would be well-served to dip into this handy resource time and time again. It serves as an excellent overall philosophy, as well as the ultimate pep talk.

"A trial is a story-the story of your client's truth, and there is an art to storytelling. To succeed, your story must mesmerize, entertain, and persuade the jury throughout every phase of trial. This book is a direct, to-the-point guide to successfully master that art, tell that story, and try your case in New York State court. It is written in a conversational tone and deliberately brief to avoid the boredom that causes many students to throw books aside and jurors to lose attention during your case. Instead of telling you what to do, it contains detailed examples that illustrate how to implement the recommended techniques. It contains specific methods used by the most successful New York civil and criminal attorneys to win their cases and explores the right way to conduct each stage of the trial as well as discussing expert testimony, evidence, and the law of trial advocacy in New York, which will help you win your case and tell your story"--

Although largely forgotten now, the 1885 trial of German artist Gustav Graef was a seminal event for those who observed it. Graef, a celebrated sixty-four-year-old portraitist, was accused of perjury and sexual impropriety with underage models. On trial alongside him was one of his former models, the twenty-one-year-old Bertha Rother, who quickly became a central figure in the affair. As the case was being heard, images of Rother, including photographic reproductions of Graef's nude paintings of her, began to flood the art shops and bookstores of Berlin and spread across Europe. Spurred by this trade in images and by sensational coverage in the press, this former prostitute was transformed into an international sex symbol and a target of both public lust and scorn. Passionate discussions of the case echoed in the press for months, and the episode lasted in public memory for far longer. The Graef trial, however, was much more than a salacious story that served as public entertainment. The case inspired fierce political debates long after a verdict was delivered, including disputes about obscenity laws, the moral degeneracy of modern art and artists, the alleged pernicious effects of Jewish influence, legal restrictions on prostitution, the causes of urban criminality, the impact of sensationalized press coverage, and the requirements of bourgeois masculine honor. Above all, the case unleashed withering public criticism of a criminal justice system that many Germans agreed had become entirely dysfunctional. The story of the Graef trial offers a unique perspective on a German Empire that was at the height of its power, yet riven with deep political, social, and cultural divisions. This compelling study will appeal to historians and students of modern German and European history, as well as those interested in obscenity law and class and gender relations in nineteenth-century Europe.

"It was a cause celebre: the biggest case of alleged art fraud to come before the Australian criminal justice system, a $4.5 million sting drawing in one of the country's most gifted and ultimately tragic artists, Brett Whiteley, a heroin addict who died alone in 1992.It started with suspicions raised about artworks being produced in the style of Whiteley in a Melbourne art restorer's studio. Secret photographs were taken as the paintings took form.A jury finds two men guilty of faking Whiteleys, but a year later the appeal bench sensationally acquits them. The paintings are returned to their owners, leaving the legitimacy of the artworks in limbo. Whiteley on Trial investigates this remarkable case and exposes the avarice of the art world, the disdain for connoisseurship and the fragility of authenticity."