Reflective Synthesis Essay Draft #2
This past summer, I worked as an intern with the Fairfax County Police Department. During my time with the Department, I was able to experience numerous trials, appeals, and other events in the court rooms. What stuck out to me most were the arguments presented by the prosecutors and defense attorneys. Each side presented their own form of the truth. The arresting officer stated what the defendant was charged with and the prosecutor presented the evidence, witnesses, and in some cases, experts on the matter. The defense attorney countered with their own stories, witnesses, and maybe even experts, but more often than not there was never a clear cut answer. Both sides seemed to be telling a different story. I wondered why the judge considered the defense’s argument as important as the prosecutor’s. I was bothered by the fact that sometimes guilty people walk free and innocent people are locked away in jails and prisons all because of how well their lawyers present a case. It seemed that if you’re guilty of a crime, you should hire the best lawyer available. The truth and the good of society appear less important than your personal freedom, so the focus in today’s courtrooms seems selfish. This bothered me so much because I didn’t understand that people are influenced by many persuasive arguments, even if they aren’t the truth. It was not until I enrolled in this Rhetorical Traditions course that I understood there are multiple “truths” and that language is affected by the surrounding culture. Throughout my experience in my internship, the assigned readings in Herrick, and many class discussions, I learned that judicial rhetoric has shifted a lot over time.
In Ancient Greece, Plato and many other Greeks believed that there is one Absolute Truth that comes from the gods. The good of the Polis was central and people represented themselves in judicial hearings. In a court session in Ancient Greece, one side would present their case and then the other side would present theirs. Each side would tell their side of the truth to the best of their ability using invention, arrangement, style, memory and delivery. Those who were able to speak well were more likely to convince the jury, which consisted of about 100 officials. The successful citizens in court knew what they were speaking about, how to arrange their argument, the most persuasive words to use, and delivered their argument smoothly. After both sides had the opportunity to speak, the jury decided which was correct. If the good of the Polis was central to the Greeks’ way of life, was that also true for the court system? I believe that since their culture emphasized what is best for the Polis, the citizens of Ancient Greece accepted this and avoided lying for personal gain.
Aristotle, Plato’s student, saw rhetoric as an art and its subject matter is the means of persuasion. This was a culture shift from Plato’s Ancient Greece because the Sophists have been in Greece for years at this point. The content and style of the speech changed from always focusing on what is best for society towards a still present emphasis on the truth, but if it’s not the Absolute Truth then it is encouraged to have the most persuasive argument. Aristotle still believed that the truth will always prevail in the court of law, but if it doesn’t, then that is the fault of the speaker. The type of judicial rhetoric in Aristotle’s Greece was Forensic. Forensic rhetoric deals with deciding questions or justice and reconstructing past events. The Greeks used syllogisms and enthymemes to work through a rigorous questioning process in order to arrive at a conclusion. He emphasized finding common ground with audiences, like the large juries in Greece’s courts, and being able to defend your own argument with speech and reason. Aristotle also taught his students to learn both sides of an argument. A successful individual in the courts of Aristotle’s Greece was able to prepare for counterarguments and provide educated rebuttals that advanced their side toward a favorable outcome.
Rhetoric, like the rest of Rome, was greatly influenced by Greek artifacts and culture. Cicero contributed to Roman rhetoric and oratory through his development of the 5 Canons: invention, arrangement, expression (more commonly called “style”), memory, and delivery. He also invented what we now call “Cicero’s Stasis System”. Cicero’s Stasis System is a way of exploring potential directions arguments may take. I learned about this through the Roman Rhetoric and Oratory handout and the corresponding class discussion. For this paper, I will apply it to a court room setting. It begins with the “fact” and asks the question, “What occurred”? Next, the definition and quality of the “fact” are determined by asking, “What is this” and “What is the quality of this”? Then, the causes and consequences are determined and the law is analyzed to answer the question, “What should (or ought or must) we do about this”? This is similar to the judge decided what the max penalty for an infraction may be. After the causes and consequences are determined, the evidence for the “fact” is presented. Finally, once the “fact” has been defined, the consequences determined, and the evidence presented, the procedure is decided and the judge determines how the case will be pursued. Quintillain, a prominent figure in Rome, said that rhetoric is, “the good man speaking well”. He defined the good man as one who possessed knowledge of justice, was honorable, conservative, and committed to work toward the benefit of the “common good”. Since Rome had a very similar culture to Greece, it is not surprising that I learned they held similar values in their court systems. Although Rome and Greece were similar, there were drastic cultural shifts between these ancient times and today’s society.
One dramatic shift was the Middle Ages, a period of time between the fall of Rome and the Renaissance. The Middles Ages, also called the period of Christian Europe, was characterized by the destruction of Greek and Roman texts, the adaptation of partial remaining texts, and the Christian Church became the new cultural context for rhetoric. Greek and Roman texts were destroyed, so they would not influence the general population. Prominent figures, like St. Augustine, adapted partial remaining texts, like those of Cicero, which were generally accepted by Christian Europe leadership. Rhetoric, with the Church’s influence, became the art of Christian teaching and persuasion with words. During this time period, rhetoric was used to discover the truth, teach the truth, and defend the truth. This shift of cultural influence changed the judicial rhetoric of the court system. The persuasive arguments and discovery of what was best for society changed to the discovery of the real truth behind what happened. The judicial rhetoric of Christian Europe was similar to how they preached scripture. It was to be analyzed both directly and indirectly, the language was to be simple so even ignorant audiences could understand, and it was to be used to correct misunderstandings or departures from the truth (or laws). In Christian Europe, the judicial rhetoric was largely influenced by the culture of Christian truth. If the Christian doctrine stated that something was wrong, then the court system followed suit. It seems that during this period, any deviations from the law, regardless of how persuasive the argument, were deemed unjust and were punished accordingly. Although this seems like an ideal society for me, there were many more shifts before we arrived at today’s society.
Renaissance Europe:
- Church lost power, returned to the people.
- Rhetoric used as a path to political power
- Deliberative rhetoric and relative truth
In the court of law today, the truth seems to be whatever is most compelling to the jury. This bothers me because in some cases, guilty defendants are found not guilty. The goal of each lawyer is to convince others of their truth through formulating a speech that is adapted to the specific jury audience, providing examples in the form of evidence and witnesses, and speaking well by practicing their pitch.
Today, in my experience, lawyers spend many years studying law and are able to persuade based on technicalities, loop holes, credentials, and sometimes the truth. They are also capable of understanding and anticipating the actions of the opposition. Aristotle would approve of this type of rhetoric because he believed strongly in knowing both sides of an argument. The most persuasive argument, however, remains the truth as long as it is supported by evidence. Today’s judicial rhetoric has shifted to a more selfish, personal focus. Although there are many differences between the judicial rhetoric of Ancient Greece and today’s society, there are a few similarities.