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Thursday, June 17, 2010

Grice on cross-examination and persuasive argument

by JLS
for the GC

An abstract from

http://web.bham.ac.uk/forensic/IAFL03/abstracts.html

Lee Alexandra Wood (UCLA), "Ammunition for Closing Arguments: Attorneys'
Coding and Shaping of Witnesses' Testimony for Persuasive Argument."

ABSTRACT:

"This paper concerns the linguistic and communicative

analysis of courtroom discursive practices. I analyze the

language practices through which testimony and evidence are

produced in court for a jury."

"I look at how attorneys in their closing arguments quote

from the testimony of witnesses."

"Though being offered as the words of the witness the talk being

quoted was in fact shaped in fine detail by the structure of

the questions the attorney used to elicit it."

"I will show how everything attorneys do is geared

for their closing arguments."

"Attorneys' opening statements provide the

interpretive template for how to see the upcoming testimony."

"Attorneys, in their testimony questions, have the

ability to elicit witness statements that can be used to

purposely impeach or provide information needed to make a final argument."

"In closing arguments, attorneys bring together parts from

openings and testimony that effectively present their case favorably

and that of the opposing counsel's unfavorably."

"The persuasive power in selectively and purposely

enacting witnesses' words carries within the quote

the attorneys' evaluation."

"The data will come from trials aired on Court TV. Analysis of data is based on the detailed transcripts and reference to the actual video recordings, following the conversation analytic understanding of social interaction asinvolving recurrent structures of action that are susceptible to identification and analysis."

"Focusing on issues of direct reported speech, footing and agency, I will show the minute linguistic and communicative details attorneys use to shape witnesses' testimony to maximally benefit their case by persuading jurors to vote in favor of their clients."

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