In this article, I first propose a methodology for the analysis of closing arguments in criminal trials, an understudied linguistic genre, that can be used to expose how lawyers take the same defendant, victim, and evidence and linguistically create opposing discursive representations of the case. Using the theoretical insights of Van Leeuwen (2002), Halliday (1994), and Huckin (2002), I critically examine how the main social actors are referred to, how the processes or actions those actors took part in are referenced, and what topics are included and silenced by each side to see how lawyers are systematically creating di¤erent representations of reality. Using the analysis of the arguments presented in a sexual abuse case, I show that the lawyers in this particular case are constructing di¤erent models of the case not by contradicting each other but through their control of what is included in their argument and how the social actors and their actions are depicted.
This paper presents a critical analysis of the terms of reference lawyers employ in the closing arguments in criminal trials to create competing representations of the same social actors. Through a systematic discourse analysis of ten closing arguments, I show that the prosecution's and defense's differing goals cause them to strategically depict the same defendants, victims, and witnesses in diametrically different manners. Actors who are contrary to an argument are backgrounded or silenced. The two key theoretical constructs then employed by lawyers are personalization and functionalization (van Leeuwen 2002). For example, the defendants, while personalized by the defense, are functionalized by the prosecution, in effect erasing their unique identity except for their role as their person on trial. In sum, I show that through the use of these subtle linguistic tools, lawyers for opposing sides create contrasting representations of the same individuals so that they serve the lawyers' goals.
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