which would a lawyer use to appeal to the jury's emotions in a hook?

What do jurors think about lawyers?

Dec 07, 2014 · One may be attempting to appeal to the jury's sense of emotion; whereas, a judge will not give into emotions as easily. When would a lawyer appeal a case? When both he and his client believe that...

How does a lawyer select a jury?

Nov 17, 2011 · One may be attempting to appeal to the jury's sense of emotion; whereas, a judge will not give into emotions as easily. When would a lawyer appeal a case? When both he and his client believe that...

What is the best question to ask a potential juror?

If our emotions are out of control, too extreme or persistent, our feelings can become pathological, such as debilitating depression, overwhelming anxiety, raging anger or manic agitation. In order to obtain justice for our clients, it is imperative that we use emotion when we explain our client’s story to the jury.

What do we know about emotions in a mock jury?

Jun 28, 2017 · Trial lawyers can’t finish with a dry summation of the facts. Emotions play a large role in decision making, so attorneys often appeal to jurors’ emotions in their closing statement. Buying decisions are also often made after the salesperson is gone.

Can emotions be used in court?

DO NOT present highly emotional exhibits without first explaining their purpose. DO NOT do things that will make any of the jurors cry in the courtroom. DO NOT tell the jury how they should feel unless you are doing it in an empathetic way during voir dire. DO NOT use witnesses simply for their emotional appeal.

Can jurors show emotion?

Crying jurors may show their emotions, but that does not mean they are biased. In the high-profile trial of Casey Anthony, jurors cried after acquitting the young mother of murdering her two-year-old daughter.May 19, 2017

How do lawyers use persuasion?

To be a persuasive lawyer, you must be able to say what you want in one sentence. The more words it takes to explain what you want, the more difficult it is to convince someone you are right. It doesn't matter whether you are arguing a complex business trial or criminal case; you must make it simple.Oct 25, 2021

What do you call a lawyer's argument?

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

How do jurors emotional reactions influence their assessment of facts and evidence?

Jurors' emotional reactions also influence their assessment of the evidence. Jurors who are angered by evidence of wrongdoing & harm to others feel more sympathy for a plaintiff & less sympathy for a defendant.

Does crying help in court?

Despite the belief that some defendants– particularly those big time suspects who stand accused of pilfering millions, for instance—cry to win sympathy and merely as an act, most defendants who weep in court are likely doing it because they are genuinely scared and even possibly remorseful.

What is persuasion in law?

The act of persuading; the act of influencing the mind by arguments or reasons offered, or by anything that moves the mind or passions, or inclines the will to a determination. See Marx v.

How do lawyers use rhetoric?

Generally, by gaining a listener's trust through rhetorical techniques and appealing to a listener's emotions or senses, the lawyer is able to persuasively alter his or hers listener's perceptions in a way that aligns with his or her own beliefs – and benefits the client.May 9, 2015

How do you persuade the court?

How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•Nov 1, 2008

What is a brief lawyer?

In the United States a brief is a written legal argument that is presented to a court to aid it in reaching a conclusion on the legal issues involved in the case.

What are arguments in law?

An argument is both the process of giving reasons for believing something is true as well as the term used to describe the reason(s) given. An argument is also a disagreement between two or more persons, in which opposing parties openly voice their opinions and dispute their respective opponents' claims and viewpoints.

What is plaintiff law?

plaintiff, the party who brings a legal action or in whose name it is brought—as opposed to the defendant, the party who is being sued. The term corresponds to petitioner in equity and civil law and to libelant in admiralty.

How do lawyers win over jurors?

During the selection process, lawyers start to develop connections with jurors and further hon e their understanding of each individual. By the time the lawyer arrives at trial, she is well-prepared to present a strong case tailored to her specific jury.

When do jurors arrive at their verdict?

Research suggests most jurors arrive at their verdict during or immediately after opening statements. They spend the rest of the trial selectively looking for evidence that justifies that initial decision.

Why do lawyers have to make closing statements?

Trial lawyers can’t finish with a dry summation of the facts. Emotions play a large role in decision making, so attorneys often appeal to jurors’ emotions in their closing statement.

What is a salesperson?

A salesperson is also making a case -- but for your product or service. Your prospect will start weighing the evidence from the moment you begin. That means you can’t afford a slow start. Practice a strong beginning to your sales pitch.

What happens when a lawyer questions a witness?

Any inconsistences in behavior raise dangerous doubts and erode her credibility.

What is the key to success in sales?

The ability to present a persuasive case is key to your success in sales --especially as modern buyers often juggle multiple priorities and grow increasingly reluctant to change the status quo. The following four techniques of persuasion have been road-tested in the courtroom and will give you the winning edge you need in sales.

What is an appeal to emotion?

The appeal to emotion is a logical fallacy that occurs when a misleading argument, and particularly one that is unsound or missing factual evidence, is used with the goal of manipulating people’s emotions. For example, someone using an appeal to emotion in a debate might encourage the audience to ignore facts ...

What are the different types of appeals?

Appeals to emotion can involve any type of emotion that people experience, of which are two main types: 1 Positive emotions, such as joy, hope, courage, kindness, compassion, empathy, trust, respect, gratitude, affection, and love. 2 Negative emotions, such as anger, hate, resentment, envy, jealousy, vanity, distrust, pity, disgust, guilt, anxiety, fear, despair, apathy, frustration, sadness, and shame.

Is emotional argument fallacious?

Rather, an emotional argument is categorized as a fallacious appeal to emotion only in cases where it’s flawed or misleading in some way.

What are negative emotions?

Negative emotions, such as anger, hate, resentment, envy, jealousy, vanity, distrust, pity, disgust, guilt, anxiety, fear, despair, apathy, frustration, sadness, and shame. Keep in mind that some emotions, such as pride and confidence, can potentially be viewed as either positive or negative, depending on the context and way in which they are used. ...

Is pride a positive or negative emotion?

For example, pride can be viewed as a positive emotion when it’s centered around feelings of accomplishment that lead to the desire to help others achieve the same, but it can also be viewed as a negative emotion when it’s centered around feelings of superiority that lead to contempt toward others.

Who is Richard Waites?

Dr. Richard Waites is a board certified trial attorney and social psychologist. He is a senior trial consultant with The Advocates, a trial consulting firm with offices in 17 major U.S. cities.

Who is John McCabe?

John G. McCabe, Doctoral Candidate , (john.mccabe@earthlink.net) is Chair of the ASTC's Research Committee. John is currently consulting while he completes his doctoral work at Claremont Graduate University and studies means of correcting juror bias that is caused by negative emotional reactions.

Who wrote the Jury Expert article?

This article was written by Steven E. Perkel, DSW, LCSW from Steven E. Perkel & Associates, LLC. and published in The Jury Expert May 1, 2010. He has given me permission to reprint it in this blog.

How to build a persuasive argument?

An argument that is logically sound and consistent with the law is compelling; it enhances both credibility and likeability. There are several ways to build persuasive arguments that are logical and consistent with the law. Start with the facts, identifying and explaining them clearly and using natural language. Avoid jargon whenever possible. If both sides have stipulated to facts or findings, reference or frame them as examples of agreement and logically use them as well as you can to demonstrate the merits of your position.

What is the additive impact of combining Ethos, Logos and Pathos?

The additive impact of combining Ethos, Logos and Pathos as described in the ELP framework is high likeability. Lawyers who are likeable have resonant rather than dissonant relationships; they understand the value of maximizing their emotional intelligence and generally are described as being sincere and credible.

How to use Pathos in ELP?

In the ELP framework you can use an effective appeal to Pathos to help jurors identify with the facts, themes, behaviors and outcomes that support your case . Jurors’ emotions are often aroused by a rhetorical device known as a “hook”. An effective hook captures jurors’ interest and causes them to consider things from your viewpoint. But the power of an effective emotional hook will be limited if you do not establish resonance between yourself and jurors. Resonance may be established through the use of storytelling, easily understood demonstratives, good witnesses, respectful but assertive cross-examination and compelling statements of facts. To capture the imagination and good will of your audience, step into their shoes and tailor your presentation so that it resonates with them.

Examples of Appeals to Emotion

Types of Appeals to Emotion

How to Respond to An Appeal to Emotion

• There are several approaches that you can choose from if your opponent uses an appeal to emotion: 1. Point out the logical flaw in their argument.This involves explaining why your opponent’s argument was fallacious, and pointing out their lack of evidence or their use of unsound reasoning. 2. Point out the attempted manipulation.This involves point...

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Summary and Conclusions