| This chapter may seem like an unusual choice for
our book, but the growing influence of legal communication as an area of
the field and the increase in public awareness of the legal system makes
this book chapter a timely choice. Drawing on contemporary trials, this
chapter explains the origins of the legal system and the role that communication
plays, from the opening statement to the closing argument. - Dr. Melissa
Gibson, Author |
Chapter 16: Understanding Legal Communication
Chapter Outline
I. The Foundations of
Legal Communication
From the Ancients to L.A.
Law
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The Greeks believed in the importance
of forensic rhetoric, or defending yourself in a court of law.
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Aristotle's canons of rhetoric
were the standards of forensic rhetoric.
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Building good arguments.
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Using language persuasively.
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Using effective delivery.
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Understanding the composition
of the audience.
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Cicero modified forensic rhetoric
into legal advocacy; or supporting a cause through argument. He
also used emotional appeal.
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Since the 1960s, researchers
have been studying courtroom dynamics.
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The American Society of Trial
Consultants (ASTC) was formed in 1983.
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The legal process requires a
specialized language unfamiliar to most citizens but necessary if they
are to understand the process.
Modern Trial Procedures
Trials today still
follow the pattern laid down by Cicero.
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Exordium, opening
section, introduces the jury to the issues and participants in the trial.
It includes the voir dire, or jury selection process, which
has three goals:
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Establishing rapport with jurors.
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Previewing the case.
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Obtaining the jurors' commitment.
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Narratio, opening
statement by attorneys.
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Confirmatio, presentation
of evidence and witnesses by the prosecutor.
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Refutatio, response
of the defense.
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Peroration, closing
arguments by the attorneys.
II. Forming Impressions
in the Courtroom
Perception in Action
Attorneys and communication
consultants, as a team, try to understand how jurors might perceive information.
According to Smith and Malandro, they ask
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What is already in the minds
of jurors and judge?
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What will opposing counsel put
in their minds?
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What perception does the team
want jurors and judges to have?
Forming Impressions Through Communication
Cues
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Verbal cues
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Powerless language (indirect
and humble), used often by women and the poor, is not as persuasive or
credible as powerful language.
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Vivid language, using
concrete images and emotional tone, creates a desired picture of a situation
or idea.
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Nonverbal cues, such as appearance,
can be very impressive.
III. Contemporary Applications
of Research
Storytelling is a
basic mode of communication that reduces a case to the level of the average
juror.
According to Bennett, storytelling
helps jurors process information and make complex judgments.
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Storytelling identifies the central
action of the event.
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Jurors interpret the central
action by drawing inferences from it.
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Jurors test the completeness
and consistency of the story.
Witnesses also use
stories to explain their side.
Activity
Helpful
Links!
"Communications
Policy & Practice" - An online magazine
that discusses communication and its impact on societal issues.
Communication
and the Law - This site underscores several
current and historical issues relative to communication and the law.
At
Your Bookstore
Abramson, J. (1994). We,
the Jury. The Jury System and the Ideal of Democracy. New York: BasicBooks.
Adler. D.J. (1994). The Jury: Trial and Error in the American Courtroom.
New York: Times Books. Knox, M., & Walker, M. (1995). The Private
Diary of an O.J. Juror: Behind the Scenes of the Trial of the Century.
Beverly Hills, CA: Dove Audio. Thorton, H. (1995). Hung Jury: The Diary
of a Menendez Juror. Philadelphia, PA: Temple University Press.