Characteristics of the Defendant and the Victim in Forensic Rhetoric

Abstract

Defendants’ and victims’ characteristic has always been an important part of forensic rhetoric in a jury trial. This research featured speeches by such famous Russian lawyers and prosecutors of the XIX century as F. N. Plevako, N. V. Muravyov, P. A. Aleksandrov, and A. F. Koni, who described the criminal and the victim in their speeches to offer the jury a general insight into the case and allow them to develop a legal and moral profile of the defendant and the complainant. The study introduces a theoretical and practical understanding of the rhetorical significance of this element of forensic speech as part of persuasion technique in a jury trial. The results obtained can be used as recommendations for practicing lawyers. The following axiological and semantic provisions can optimize the compilation of modern court speeches. 1. Negative description of the victim can make the jury distrust the victim’s statement, which is a positive factor for the defense. 2. If the lawyer manages to evoke compassion and pity for the victim, it may reduce the defendant's chances for an acquittal or mitigation. 3. Stories from the defendant’s childhood that reveal their character development give the speaker the opportunity to change the jury’s attitude. 4. A portrait given by individual qualities also makes it possible to form a necessary attitude to the personality of the defendant.

Keywords

• defendants’ characteristics
• rhetorical analysis
• judicial speech
• trial by jury
• psychological criminal analysis
• persuasion of jurors
• hearing of arguments