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Temple University Press, Philadelphia 19122 Copyright 1999 by Temple University. All rights reserved Published 1999 Printed in the United States of America
Text design by Gary Gore
The paper used in this publication meets the requirements of the American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984
Poem on page 36: From SHAKER, WHY DON'T YOU SING by Maya Angelou. Copyright 1983 by Maya Angelou. Reprinted by permission of Random House, Inc.
Library of Congress Cataloging-in-Publication Data Schrager, Samuel Alan. The trial lawyer's art / Sam Schrager. p. cm. Includes bibliographical references and index. ISBN 1-56639-673-5 (cloth : alk. paper) 1. Trial practiceUnited States. 2. Forensic oratory. 3. Persuasion (Rhetoric). I. Title. KF8915.S263 1999 347.73'75dc21 98-39076
Page v
In memory of Bill and Perle Schrager
Page vii
We have heard talk of justice. Is there anybody who knows what justice is? No one on earth can measure out justice. Can you look at any man and say what he deserveswhether he deserves hanging by the neck until dead or life in prison or thirty days in prison or a medal? Clarence Darrow
Our activity, then, is largely concerned with moral matters, but as performers we do not have a moral concern with them. As performers we are merchants of morality. Erving Goffman
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The paper used in this publication meets the requirements of the American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984