Attorney Persuasion in the Capital Penalty Phase: A Content Analysis of Closing Arguments

Abstract

Transcribed sentencing phase summations were content analyzed and comparisons were made between prosecution and defense arguments. Arguments were coded to discover the themes emphasized by attorneys in arguing for life imprisonment or the death penalty. Prosecutors portrayed the defendant as a cold, remorseless killer, emphasized the brutal nature of the murder, the suffering experienced by victims, and the moral legitimacy of revenge. Defenders explained the murders in the context of the defendant's personal history, emphasized the severity of life without the possibility of parole, and argued that the death penalty is unjust and morally wrong. Defenders provided richer accounts of the life history of the defendant and prosecutors provided more vivid accounts of the murder. Attorney arguments are discussed in light of research on communication, social cognition, and persuasion.