Dissertations and Theses @ UNI

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Open Access Thesis

Keywords

Forensic oratory; Lawyers; Summation (Law);

Abstract

This case study was executed by observing three lawyers in two related criminal trials. I observed the opening statements of one trial and closing arguments of both. The intent of my study was to discover what the legal and communication literature advocated to the lawyer concerning courtroom communication, what the three lawyers did in presenting their messages to a judge and jury, and what the lawyers thought they did. The analysis centered on the shared and contrasting elements between the three lawyers in their attempt to identify and intensify their case to the jury during the opening and closing remarks. The strategies examined include persuasive, linguistic, and storytelling techniques, message structure, and the lawyers delivery style. Also examined were the events and issues that surfaced in both trials, which provided the framework and content essential to the telling of the stories. Perceptions and conclusions were influenced by my past knowledge and experiences in communication studies and public speaking. Research was conducted by going into the field to observe and take fieldnotes. After initial observations, extensive research in legal and communication literature was done to aid in designating specific categories. Interviews also occurred with the lawyers two to four weeks upon completion of each trial. These interviews, and an interview with a veteran trial judge, served as a means to cross- check information. No interactions were tape recorded. The results reflected the lawyers had little communication training in law school. They acquired their methods from a mentor or by trial and error. The lawyers were effective and demonstrated overall communication competence, but each had areas in need of improvement. They demonstrated an awareness of communication strategies and the impact of their delivery on a jury in the courtroom, even though they had no communication training in law school. The lawyers also practiced what is advocated in the literature. The two fields of law and legal communication studies are aligned, yet the research they do is divided. More cross-disciplinary work might benefit both groups.

Year of Submission

1991

Degree Name

Master of Arts

Comments

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Date Original

1991

Object Description

1 PDF file (174 leaves)

Language

en

File Format

application/pdf

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