Michael Ryan OSteen

Analyzing Emotion as a Means of Persuasion

Roozen ENC 3315 AM1
Summer A 5!"5!1#
$o %efen& Oneself' Esta(lishing a )roun& for Self!%efense
*t is clear +hat Prosecuting Attorney )regory ,a-les has set out to &o in his o-ening
statement of the The People of the State of New York v. Bernhard Goetz' he inten&s
to con.ince the /ury to con.ict 0ernhar& )oetz on the charge of attem-te& mur&er1 $his is a trial
testing the .eracity of an a--eal to self!&efense2 therefore the +arrant for such &efense nee&s to
(e groun& in +hich all emotional a--eal is le.erage&1 *t is logically consistent2 (y &efinition2
that if self!&efense is gratuitous2 then any fallout is un&eser.e&1 *n or&er to -ro.e that it +oul&
go (eyon& a stretch of the imagination to gi.e the action of 0ernhar& )oetz the name of self!
&efense2 )regory ,a-les must &emonstrate such unmitigate& retaliation +ent (eyon& the le.el of
threat1 ,a-les uses a line of argumentation that strings together a num(er of emotional a--eals
that can only (ut (olster his -rimary use of -ity as a means of -ersuasion1
Pity is the -rimary emotion ,a-les is relying on1 * say this +ith am-le consi&eration of
the .ery a&missions +ithin ,a-less argument that go against Aristotle3s &efinition of -ity1
Aristotle &efines -ity as 4a certain -ain at an a--arently &estructi.e or -ainful e.il ha--ening to
one +ho &oes not &eser.e it an& +hich a -erson might e5-ect himself or one of his o+n to suffer2
an& +hen it seems close at han&6 713891 A :ey as-ect of that &efinition in.ol.es that 4which a
person might expect himself or one of his own to suer16 ;ee- in min& that the
/ury &i& not con.ict 0ernhar& )oetz a-art from the legal formalities of -ossession of an
unregistere& firearm2 an& *2 much li:e ,a-les2 +ill (e u-front +ith the &ifficulties of my
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argument1 * -lan to con.ince you that -ity is the :ey emotional a--eal in ,a-less argument<
*m not concerne& +ith ho+ useful it +as1
,hat are the o&&s against e.o:ing -ity= >or ,a-les it actually -retty lo+2 an& he is
a+are of that1 *f Aristotle i&entifies a :ey com-onent of -ity as a resonating resem(lance
(et+een the one -itie& an& the one +ho feels -ity2 then it +oul& a--ear to (e a misste- for
,a-les to a--eal to a sense of -ity +hen outrightly a&mitting to the /ury that 4in all -ro(a(ility
you fol:s +ill &isco.er &uring the course of the trial that you ha.e little in common +ith these
four young men26 an& that 4their lifestyle is totally alien to anything you ha.e e5-erience& in any
-oint of your life6 71?891 * (elie.e that this a&mission &oes not in&icate an a(an&onment of an
emotional a--eal (ase& on -ity (ut only an ac:no+le&gement of ho+ &ifficult this a--eal +ill
(e1 $hese a&missions may -ale in com-arison to the .ery fe+ times ,a-les meagerly a--eals to
this si&e of Aristotles &efinition of -ity through comments li:e 4these four young in&i.i&uals are
se-arate human (eings such as you si5teen -ersons6 71?892 an& 4%arrell Ca(ey +as sitting &o+n
on the su(+ay seat2 much li:e you are sitting in your /ury seat no+6 71??9< (ut if the em-hasis of
an emotional a--eal to -ity is on another as-ect of Aristotles &efinition2 then this shoul& not (e
-uzzling1 $hese are only the facts of the case1
)rante&2 at this -oint in Aristotles &efinition it +oul& a--ear to (e more fruitful to loo:
else+here2 (ut lets e5amine ho+ other emotional a--eals only go to (olster -ity as the
-ersuasi.e element in ,a-less argument1 $he im-lications of ,a-less attem-t to -ersua&e the
/ury to loo: at )oetz as someone +ho is angere&2 someone +ho is 4one s-ar: a+ay from a
.iolent e5-losion6 71@192 is at the .ery heart of challenging his a--eal to self!&efense1 *f the
groun& for self!&efense is a fear for ones life2 an& if )oetz acting in anger2 then he has no
groun& for self!&efense 4for it is im-ossi(le to (e afrai& an& (ecome angry6 7Aristotle 1""91 *f
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,a-les &e-icts )oetz as someone to (e feare&2 someone arme& 4in rea&iness to act6 7Aristotle
1"89 an& +ith a 4fanatical contem-t for the criminal!/ustice system in Ne+ Aor:6 7Sei&emann
1@192 then it -lays right into his han& that 4things are fearful that are -itia(le +hen they ha--en
or are going to ha--en to others6 7Aristotle 1391 Bastly2 if ,a-les is (eing u-!front a(out the
character of the men on the su(+ay2 then it is only -reem-ti.e against the %efense Attorney2 an&
it is to ma:e the /ury a+are that they +ill (ring shame u-on themsel.es if they are not a(le to get
(eyon& that +hich -re.ents them from feeling anything (ut -ity for the men that +ere shot on
%ecem(er ""2 18C#1
$he -ur-ose of ,a-les utilizing these tactics is to ma:e +ay for -ity2 (ecause he is (asing
all his arguments on another as-ect of Aristotles &efinition of -ityDthat is2 4a certain -ain at an
a--arently &estructi.e or -ainful e.il ha--ening to one who does not deserve it 7138
em-hasis a&&e&91 0y stressing this as-ect of Aristotles &efinition +e can see that all other
emotional a--eals run to -itys si&e1 *n fact2 they all +or: together so +ell2 (ecause the nature of
the court case is to e5amine the groun&s for self!&efense2 +hich +oul& &eem the outcome of any
un+arrante& action un&eser.e&1 ,a-les fashions his s:etch of 0ernhar& )oetz to -rimarily
augment the suffering of %arrell Ca(ey in or&er to sho+ ho+ un/ust the fallout from the su(+ay
shooting +as1 ,a-les has to -resent the Euestion2 4,hat &i& %arrell Ca(ey &eser.e=6
Accor&ing to )oetz2 he &eser.e& to &ie1 ,a-les :no+s this from the &efen&ants .ery
o+n testimony that his 4intention +as to mur&er them2 to hurt them2 to ma:e them suffer as much
as -ossi(le6 71@591 $his is the .ery sentiment ,a-les is trying to &ri.e a+ay from the /ury2 so
that they &o not also 4shrug FtheirG shoul&ers an& say2 irres-ecti.e of ho+ criminal the
&efen&ants con&uct may ha.e (een2 H,ell2 these -ersons &eser.e& +hat they got2 an& thats the
en& of the matter6 71@91 >our men +ere shot2 t+o of them +ere shot in the (ac:2 an& %arrell
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Ca(ey +as -aralyze& from the +aist u-1 %arrell Ca(ey thus (ecomes the s-otlight for any
attem-t ,a-les can successfully ma:e to e.o:e -ity from the /urors1 *f there +as no groun& for
self!&efense2 %arrell Ca(ey2 (y .irtue of (eing -ermanently in/ure&2 is the most -itia(le1 At this
-oint2 e.en Aristotle ti-s his hat to ,a-les as 4all things are -itia(le that are &estructi.e2
consisting of griefs an& -ains111&eaths an& torments an& &iseases of the (o&y111are -ainful an&
&estructi.e6 71#91
,a-les -ursues the (est chance to e.o:e -ity from the /ury (y remo.ing Ca(ey so far
from any of the &ecisions that +ere ma&e that &ay that he can only (e .ie+e& as innocent1 >rom
the (eginning ,a-les has alrea&y esta(lishe& that the men ha& (een on the su(+ay 4long (efore
he F)oetzG (oar&e& that car6 71?591 ,a-les has to (ring the accounts of that &ay (ac: e.en
earlier to further remo.e Ca(eys agency1 ,a-les (egins +ith the reasons +hy these men +ere
on the su(+ay to arri.e at a &estination from +hich they coul& steal Euarters from a .i&eo game
machine1 $+o of the four men2 $ony Canty an& 0arry Allen2 ha& &one this -lenty of times
(efore1 ,a-les esta(lishes Ca(eys i&entity a-art from these men (y ma:ing him among a grou-
that 4are all acEuainte& +ith each other (ut +ho are not close frien&s6 71@92 an& Ca(ey is not
the one +ith e5-erience &oing this1 *n fact2 ,a-les &oes e.en more to num(er Ca(ey among the
innocent men2 +omen2 an& chil&ren on the su(+ay (y stating that he 4&eci&e& to go along +ith
FtheseG t+o FmenG on this &ay6 71@91 ,a-les is trying to get the /ury to un&erstan& that the only
&ecision Ca(ey ma&e that &ay +as /ust to (e there1 Ie +as certainly not there to as a gang
mem(er loo:ing for the first o--ortunity to commit a .iolent crime 4in full .ie+ of all the other
su(+ay -assengers in that car6 71@#9 to affor& the o--ortunity to steal Euarters1
,ith (ac:groun& an& intent esta(lishe&2 the story goes that 0ernhar& )oetz (oar&s the
same su(+ay car2 an& as ,a-les ma:es clear to the /ury2 he 4sat &o+n in close -ro5imity to
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them6 71@391 $roy Canty then a--roaches )oetz for money1 Iere ,a-les ma:es a -lain
maneu.er that not only sho+s that these men +ere not am(ushing )oetz2 (ut more im-ortantly
that %arrell Ca(ey may not ha.e ha& any i&ea +hat +as ha--ening as the shots rang out1 ,a-les
&oes this in antici-ation of Cantys testimony that 4the i&ea to a--roach the &efen&ant +as his
an& his alone2 a s-ur!of!the!moment gesture6 71@391 Ca(ey 4ne.er e.en a--roache& the
&efen&ant6 71@#91 ,a-les &escri(es +hat ha--ens to Ca(ey as 4-ositi.ely grotesEue6 71@592
(ecause Ca(ey &i& not run2 (ut sim-ly sat &o+n continuing an attem-t to (len& in +ith the
surroun&ings of the su(+ay car1 After )oetzs comment2 4Aou loo: all right2 heres another6
71@?92 the curiosity (ecomes +hy this trial on self!&efense &oes not re.ol.e aroun& a scre+&ri.er
rightfully -lace&1
,a-les en&s his o-ening statement +ith the heart(eat of the case' 4Aou are here to &eci&e
+hether the i&ea of eEual /ustice un&er the la+ for all -eo-le is a reality or is an em-ty &ream6
71@@91 $his ma:es my case e5actly1 ,a-les is in effect saying that the &ecision reache& (y the
/urors is hinge& u-on the a(ility to get (eyon& the e5-eriences that se-arate their li.es from those
of these young men2 an& if this is an inci&ent of .iolent outrage2 then these men shoul& (e -itie&
as 4the right to (e concerne& for your safety &oes not necessarily im-ly the right to lash out in
.ery am(iguous circumstances2 or to go further an& to actually ta:e the offensi.e an& try an& :ill
four human (eings6 71@#91