Rhetorical Question and Other Forensic Speculations (From The Litigation Manual, P 329-334, 1989, John G Koeltl, ed. -- See NCJ-117323)

• NCJ Number: 117344
• Author(s): J A Stein
• Date Published: 1989
• Length: 6 pages
• Sale Source: American Bar Assoc
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

This article suggests techniques and structures for opening statements and closing arguments.

Abstract

An effective technique for opening statements and closing arguments is to ask rhetorical questions that may be in the mind of the trier of fact and then answer them. Asking questions starts a line of inquiry that puts the attorney in the role of a playwright who brings to life the central characters in a drama, with emphasis on what has happened to the client who is seeking justice in the court. The logic of the drama and the concerns of justice unfold in a question-and-answer format that guides the thinking and influences the emotions of the trier of fact. In the closing argument, the attorney should not go far beyond what the jury expects to hear, i.e., arguments couched in moral and legal terms, yoked to a passionate plea for justice on the client's behalf. Too much objectivity may be taken as a lack of commitment to one's client, thus raising doubt in the jury's mind about the persuasiveness of evidence supporting the client's cause.