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10 Duq. L. Rev. 384 (1971-1972)
Persuasion in the Courtroom

handle is hein.journals/duqu10 and id is 402 raw text is: Commentaries Persuasion in the Courtroom William C. Costopoulos* INTRODUCTION Persuasion is defined as an act of influencing the minds of others by arguments or reasons, by appeals to both feeling and intellect; it is the art of leading another man's will to a particular choice, or course of conduct. No one doubts this is what trial lawyers do every day in the courtroom-and that is what this article is about. Much literature has been written on this subject, a literature which reflects many new insights about human behavior and communication. In experimental social psychology, persuasion is one of the major areas of specialization. Volumes have been written on propaganda and com- munications, psychological warfare, advertising and industry, scientific mind-changing, religious conversions, confessions and indoctrination, and brain washing. Some of the questions raised in this literature have a profound impact on the art of persuasion in the courtroom. For example, why are some trial lawyers perceived as highly trustworthy by some people, yet, at the same time, untrustworthy by others? When both sides of an argument are presented, will the arguments heard first have any advantage over those heard last? Is persuasion in the guise of an emotional appeal as effective as a rational communication? What characteristics of recipients affect their persuasibility? Though the voice is the most frequently used channel of communication in the court- room, is it the most effective? If not, what is? Charts? Films? Drama? This article is an attempt to answer these questions in light of the -experiments in social psychology on persuasion, with support from the knowledge other sciences have provided us. Also, these issues will be -discussed from the vantage point of the trial lawyer.., who may have never conducted. an experiment in social psychology, but who is, never- theless, a master of the art. * A.B. Dickinson College; J.D. Duquesne University. Mr. Costopoulos is a former Editor-in-Chief of the Duquesne Law Review and is presently engaged in graduate legal studies at Harvard University. .384

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