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The Judicial Address
One of the three types of address developed in…
The Judicial Address
One of the three types of address developed in classical rhetoric. In it, the author tries to persuade an audience (the judge) that a defendant is guilty or not guilty of a charge.
Purpose
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to preserve the well-being and harmony of a society by resolving the discord created by an unjust act. Harmony in a community is difficult to attain and it cannot be preserved unless a community teaches its members how to do so.
It teaches in two modes
IMAGINATIVE> To enter two different roles that pursue opposite goals to build an honest case for each side.
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STRATEGIC> identifying goals, obstacles, and means
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Specific Strategies
For the PROSECUTION
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:check: must show that the evidence proves necessarily that the defendant committed the act in question
:check: must show that, when he committed the act, the defendant violated a rule
:check: must show that the action was not justified or excusable
For the DEFENSE
to prevent punishment of the defendant by concentrating the case for the defense on the weakest link in the case for the prosecution
The prosecutor must resolve all three stasis questions while the defense need expose the weakness in only one.
:warning: the defense argues that the evidence does not prove that the defendant did the action
:warning: or, that the defendant did not break a rule
:warning: or, that the defendant was justified or excused
Growing in Judgment
Rhetoric is a liberating art, equipping the student for self-governance and making him a free person—that is, one able to make decisions and be responsible for them. To do this, he must be able to judge and assess his own actions.
To able to determine what necessarily, probably, or maybe happened
To distinguish wisely the difference between things known, possible, and uncertain