Practical Persuasion Principles: Art and Science in the Courtroom
| Publication year | 1990 |
| Pages | 1065 |
| Citation | Vol. 19 No. 6 Pg. 1065 |
1990, June, Pg. 1065. Practical Persuasion Principles: Art and Science in the Courtroom
Social scientists have confirmed what Artistotle wrote in "The Rhetoric." He concluded that "ethos"---who you are---is one of the three important factors of persuasion. Aristotle stated:
It is not true, as some writers assume in their treatises on rhetoric, that the personal goodness revealed by the speaker contributes nothing to his power of persuasion; on the contrary, his character may almost be called the most effective means of persuasion he possesses.(fn1)
The notion that the source of an idea is more persuasive than the substantive worth of the idea may be unsettling to the lawyer trained in the logic that facts, not personality, are what matter. However, the evidence is overwhelming that what the jury thinks about the lawyer will affect what the jury thinks about the case.(fn2)
For example, in one study, the effects of reading about antihistamines in the New England Journal of Biology and Medicine (a source with high credibility) were compared with the effects of reading about antihistamines in a mass circulation magazine.(fn3) Those who attributed high credibility to the source changed their views to those of that source at about twice the rate of those who attributed low credibility to that source.
These findings are consistent with everyday experience outside the courtroom. It would be an unusual occurrence for someone to buy a car, a stereo or a house from a salesperson who is not liked, trusted, believed in nor respected. Similarly, in the courtroom, jurors should not be expected to "buy" what a lawyer says if the lawyer is not logical, trustworthy and believable.
Researchers have also determined what it is that makes people credible. In forming their impressions about who you, as the lawyer, are, jurors will make an evaluation based on three main dimensions: likeability (Do I like you?); trust (Can I trust you to tell me the truth?); and competence (Do you know your stuff?).(fn4)
Whether jurors like you may not be the first decision they make about you, but if they do like you, you probably have gone a long way toward success, even before any evidence has been presented. Jurors must also trust you if you are to be credible. If they don't believe you are being truthful with them, they may not trust you, and your efforts at persuasion will probably fail. Jurors must believe in you as a person before they will trust what you say about your case.
The jury must also believe that you are competent. If the jury doesn't think you "know your stuff," your credibility will suffer. The confidence that you express in the case and your personal bearing will influence the jury's perception of your competence and credibility.
A psychologist and adviser for the National Institute of Trial Advocacy...
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