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The Devil's Advocates by
From the authors of the acclaimed Ladies and Gentlemen of the Jury, and featuring some of the most important cases in criminal law, The Devil's Advocates is the final volume of a must-have trilogy of the best closing arguments in American legal history. Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to steal the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case inthe book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.
Dueling Discourses by
Dueling Discourses offers qualitative and quantitative analyses of the linguistic and discursive forms utilized by opposing lawyers in their closing arguments during criminal trials. Laura Felton Rosulek analyzes how these arguments construct contrasting representations of the same realities, applying the insights and methodologies of critical discourse analysis and systemic functional linguistics to a corpus of arguments from seventeen trials. Her analysis suggests that silencing (omitting relevant information), de-emphasizing (giving information comparatively less attention and focus), and emphasizing (giving information comparatively more attention and focus) are the key communicative devices that lawyers rely on to create their summations. Through these processes, lawyers' lexical, syntactic, thematic, and discursive patterns, both within individual narratives and across whole arguments, function together to create versions of reality that reflect each individual lawyer's goals and biases. The first detailed analysis of closing arguments, this book will significantly improve our understanding of courtroom discourse. Furthermore, as previous research on all genres of discourse has examined exclusion/inclusion and de-emphasis/emphasis as separate issues rather than as steps on a continuum, this book will advance the field of discourse analysis by establishing the ubiquity of these phenomena.
Forensic Rhetoric by
Clason focuses on the closing argument rhetorical practices of five trial attorneys. She seeks to 1) learn how participants utilized rhetorical strategies in closing argument; 2) better understand how they selected those strategies; and 3) examine why they employed the strategies they did through the central categories of ethos, logos, and pathos. Study participants' awareness and consideration of the classical speaker, audience, and message Aristotelian speech situation as well as the power of persuasion demonstrates the continued influence of rhetoric in courts and rhetorical nature of legal
In the Interest of Justice by
Drawing from some of the most well-known courtroom cases of our time, this rich and rewarding volume collects more than two dozen of the most memorable opening and closing arguments made by top prosecutors and defense attorneys in the last 100 years. Carefully selected to explore every major aspect and challenge of the legal process, the speeches showcased here highlight the tactics and strategies, colorful language, and stirring rhetoric that lawyers use to win judge and jury to their side. With a shrewd eye for courtroom stratagems and a keen understanding of the social currents that shape them, Manhattan assistant district attorney Joel Seidemann introduces and illuminates each speech from an insider's perspective. From an Israeli prosecutor's heart-wrenching speech against Adolf Eichmann to the chilling reenactment of Timothy McVeigh's meticulous planning of the Oklahoma City bombing, we witness the power of an impassioned presentation to tip the scales toward the fulfillment of justice. Arguments from other landmark trials are included to reveal the smartest tricks of the trial lawyer's trade. Why did O.J. win the criminal case and lose the civil one? Why did the jury acquit the cops who shot Amadou Diallo, even though they fired forty-one shots at an unarmed man? Why was Sean "Puffy" Combs acquitted of all charges after that mysterious shootout in a NYC nightclub? In the Interest of Justice sheds light on such questions and celebrates the fascinating art of courtroom persuasion.
Opening Statements by
Opening Statements: Winning in the Beginning by Winning the Beginning teaches you what a trial is really about. Written by a leader in teaching persuasion science and the art of advocacy, it equips you to take control from the start by turning today's multigenerational jury your way, right away. Covering the art of story creation and theme building, the book teaches everything you need to "jury think" and create an opening statement that persuades a jury to choose your case early in the trial. The work explains the concepts of predecisional and evidentiary bias, provides critical dos and don'ts, and illustrates the way to deliver jury-oriented openings. Numerous illustrations elaborate on the principles provided.
Storytelling for Lawyers by
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.