Persuasion & Demeanor
Ethos, Pathos, Logos
 How does being “likable” deal with credibility?
 If you are likable, people are more likely to believe you.
Ethos, Pathos, Logos, con’t.
 As a witness, in general, you are going to be biased
 How so?
 You will likely want one side to win (likely the side that called you to testify)
 There is nothing wrong with this bias, HOWEVER:
 It is NOT your job to make ARGUMENTS
Ethos, Pathos, Logos, con’t.
 Your job is to do 3 things:
 Be Truthful, Factual, and Objective
 The party that called you to testify has the job of MAKING ARGUMENTS
 Your testimony is what fits into the their goal
Ethos, Pathos, Logos, con’t.
 Therefore:
 If you testify POORLY, it may hurt the case.
 If you testify WELL, it will help the case.
Ethos, Pathos, Logos, con’t.
 The ideas of ETHOS, PATHOS, and LOGOS are derived from Aristotle’s book called Rhetoric.
 Ethos: Be Honest (reputation for honesty)
 Logos: Knowledge of the Subject (preparation)
 Pathos: Emotional impact on audience (THIS Is NOT TRULY applicable in all circumstances in court)
 For example: an “overly emotional” cop v. an ”overly emotional” victim.
 It would be appropriate mostly for the victim
 https://www.youtube.com/watch?v=tAsxyffBqm0
Demeanor
 Body language:
 How a witness acts or looks plays into their credibility in the eyes of a jury.
 Juries, too, have biases.
 Though they are told to only judge the facts of the case.
Demeanor, con’t.
 Jurors have little time to “get-to-know” a witness.
 As such, they make snap judgments (quick judgments based off what they see or hear)
 What judgments would you make if someone approached you at 2:00am while you are waiting
on a bus?
Demeanor, con’t.
 Juror influences:
 How a witness dresses;
 Whether s/he uses big or little words;
 Whether s/he stutters or not;
 If s/he rambles or speaks in paragraph;
 If s/he taps his feet and/or fingers or if s/he sits still;
 Whether s/he makes eye-contact and if so to whom;
 NONE of these factors have ANYTHING to do with the substance
Demeanor, con’t.
 Nervousness v. Confidence
 Fidgeting, lack of eye contact, etc. are signs of nervousness
 What does nervousness make you think about a person telling the truth?
 A way to combat nervousness is to become VERY familiar with what you are testifying about
 Additionally, the more you testify, the less nervous you will be.
Demeanor, con’t.
 Defensiveness v. Openess
 Folded arms and a frown (Can you think other examples?)
 Creates distrust
 Maintain an open posture (relax!)
Demeanor, con’t.
 Cowardliness v. Valor
 Smile when appropriate
 Do NOT be timid
 Sit up straight (do not slouch)
 If you are a fidgeting person, keep you hands below “bench” level
Demeanor, con’t.
 Evasiveness v. Directness
 Jurors expect to be lied to
 Be direct in answers and tell the truth
 Do NOT play word games (remember, be direct, admit lack of knowledge to topics, etc.)
 Even on CROSS-EXAMINATION – ANSWER directly, do NOT be evasive
 Sure, the party cross-examining is trying to trip you up, do not make their job easier
Demeanor, con’t.
 Servility v. Politeness
 Always be POLITE, but do NOT overdo it.
 Do not be overly flattering (“Your eminence, most wonderful, majestic person”)
Demeanor, con’t.
 Speak loudly (there may be a lot of background noise in a courtroom, so keep that in
mind)
 Additionally, your voice has to contend with non-auditory types of things (such as juror’s
being hungry, or tired)
 So speak up, so that you can maintain their attention
Demeanor, con’t.
 All-in-all:
 Remember, MOST of communication is non-verbal!
 https://www.youtube.com/watch?v=SKhsavlvuao