EFFECTIVE USE OF VISUAL RHETORIC IN THE TRIAL PROCESS
Keywords:
VISUAL RHETORIC, TRIAL, IMAGES, JURIES, STUDIUM, PUNCTUM, DECISION-MAKING, JURY DYNAMICSAbstract
This article explores the role of visual rhetoric and affect in the trial process, emphasizing the persuasive impact of both still and moving images on juror perception. Traditional rhetorical theory often limits analysis to language or the surface meaning (studium) of photographs and videos, overlooking the unconscious responses (punctum) that shape decision-making. By examining seminal theories of Barthes, Massumi, DeLuca, Jenkins, and others, this study situates visual rhetoric within evolving cultural and technological contexts. Case studies—including In re Glasmann, as well as body camera footage from the Daniel Shaver and Samuel DuBose shootings—illustrate how images can alter the dynamics of persuasion and evidence admissibility. Further, the analysis considers the impact of rhetorical circulation and the influence of video gaming on juror attunement to first-person perspectives. The findings underscore the necessity for litigators to account not only for evidentiary standards but also for the affective and cultural dimensions of visual material. In doing so, attorneys can more effectively anticipate juror responses and leverage or challenge the persuasive power of images in litigation.
