An investigation into how language affects the power dynamics of the courtroom
Word Count: 2215 (2000 max)
Date: 07/03/23
, Introduction
The purpose of this investigation is to compare and analyse the linguistic features of a defence attorney
(subject D) and prosecutor (subject P) from the same criminal trial. Through comparison, the power
dynamics can be analysed. This investigation will explore this ambiguous relationship: does language
affect power or vice versa?
Despite the publication of studies on how attorneys use language in court, the influence language has on
the courtroom's power dynamics in closing arguments is under-researched. Accordingly, this investigation
addresses a textual analysis of linguistic patterns and traditional rhetoric techniques used by both subjects
'D' and 'P'.
Methodology
The data used was recorded in the state court of Wisconsin. The case concerns a murder trial, involving
two counts of homicide and one count of attempted homicide. The defendant pleaded self-defence and was
acquitted by the jury.
I will collect, transcribe and explore two closing arguments: one with subject ‘P’ delivering the argument
and the other with subject 'D'. Given the weight of the language in closing arguments and the fact that this
is the final remarks counsel have with the jury, both sets of data are three minutes.
The data I will collect will be from the American legal system because the England and Wales legal system
hearings cannot be used for copyright reasons. Ethically, the data is collected from attorneys in the
courtroom who know they are being recorded and the hearing was streamed online, so no ethical
considerations are necessary. However, the livestream did not reveal the attorney’s full name, therefore I
have anonymised both attorneys.
Word Count: 2215 (2000 max)
Date: 07/03/23
, Introduction
The purpose of this investigation is to compare and analyse the linguistic features of a defence attorney
(subject D) and prosecutor (subject P) from the same criminal trial. Through comparison, the power
dynamics can be analysed. This investigation will explore this ambiguous relationship: does language
affect power or vice versa?
Despite the publication of studies on how attorneys use language in court, the influence language has on
the courtroom's power dynamics in closing arguments is under-researched. Accordingly, this investigation
addresses a textual analysis of linguistic patterns and traditional rhetoric techniques used by both subjects
'D' and 'P'.
Methodology
The data used was recorded in the state court of Wisconsin. The case concerns a murder trial, involving
two counts of homicide and one count of attempted homicide. The defendant pleaded self-defence and was
acquitted by the jury.
I will collect, transcribe and explore two closing arguments: one with subject ‘P’ delivering the argument
and the other with subject 'D'. Given the weight of the language in closing arguments and the fact that this
is the final remarks counsel have with the jury, both sets of data are three minutes.
The data I will collect will be from the American legal system because the England and Wales legal system
hearings cannot be used for copyright reasons. Ethically, the data is collected from attorneys in the
courtroom who know they are being recorded and the hearing was streamed online, so no ethical
considerations are necessary. However, the livestream did not reveal the attorney’s full name, therefore I
have anonymised both attorneys.
