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The use of Language in the Legal Setting

The use of language plays an important role in the legal setting. Both prosecutors and defense attorneys rely on communication skills in order to persuade juries and judges in trial cases. As a result, an attorney's choice of words can either promote or interfere with the desired outcome of a trial. Language can be seen as a tool for communicating meaning. Many types of messages can be communicated through the use of language; however, in the legal setting the emphasis is on persuasive speech. Persuasion is necessary in order for a prosecuting attorney to prove guilt or for a defense attorney to prove innocence. On the witness stand, the concept of "storytelling" plays an important part in the communication of testimony. Obviously, two sides of a story will be given in the course of a trial, and it is the role of the judge or jury to decide which of the two versions is more credible and thus true. The job of the lawyer, on the other hand, is to present the story in a manner which persuades the judge or jury to agree with his or her client's point of view.

There are a number of ways in which the lawyer can utilize language to achieve this end. For example, the way in which a witness is questioned can have an effect on the credibility of the testimony. In this regard, a shrewd lawyer can limit what a witness is able to say by use of leading questions or by restricting the response to a yes or no answer. There are numerous opportunities during cross-examinations for a lawyer to shape the witness's credibility in this way. For example, in normal conversation, communication generally follows a sequential pattern which corresponds with the cause-and-effect of everyday life. However, during cross-examination, lawyers often switch to nonsequential accounts "in order to unsettle witnesses." Undoubtedly, the most important opportunities for persuasive communication in a trial occur during the opening statements and the summati...

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The use of Language in the Legal Setting. (1969, December 31). In LotsofEssays.com. Retrieved 07:35, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1705357.html