NCJ Number
117342
Date Published
1989
Length
8 pages
Annotation
Lawyers must develop the power of persuasion through words that carry impact, judiciously selected and in the right order, coupled with the use of effective nonverbal behavior that can communicate and persuade.
Abstract
Carefully worded questions can influence both the answers and the way they are heard by the jury. Dr. Elizabeth Loftus, a research psychologist, found that the questions asked about an event influence the way a witness remembers what was seen. Questions which will influence the answers can be framed so they will not run afoul of the rule against leading the witness. Questions should be composed in advance so at least the answers will not hurt the questioner's case. Persuasive language not only involves the wording of questions; it extends to framing presentations such as opening statements and final arguments. Opening statements should not merely string facts together. They should create for the jury a picture of the case that emphasizes what the attorney wants the jury to think about while listening to the evidence. Persuasive language depends in part on 'impact phrases,' which are memorable groups of words that touch basic motivations. This can involve the use of metaphors, imagery, cadence, alliteration, and contrast to impact the reasoning and emotions of the jurors. Attorneys who would be persuasive can learn a lot from studying both the classics and modern oration.