Persuasion and Lawyer's Biases in Criminal Cases: Critical-Forensic Discourse Analysis Approach

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Mehrabani Jila; DEHGHAN MASOUD; Saberi Kourosh; BADAKHSHAN EBRAHIM

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Journal: Research in Western Iranian Languages and Dialects Year:2021 | Volume:8 | Issue:4 Page(s): 97-115

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Information Journal Paper

Title

Persuasion and Lawyer's Biases in Criminal Cases: Critical-Forensic Discourse Analysis Approach

Author(s)

Mehrabani Jila | DEHGHAN MASOUD | Saberi Kourosh | BADAKHSHAN EBRAHIM | Issue Writer Certificate

Keywords

lawyer's biases

judge persuasion

critical discourse analysis

Laclau and Mouffe

forensic discourse analysis

Abstract

Persuasion is one of the salient issues in the field of critical-forensic discourse analysis. The present study aims to investigate the biases of lawyers in applying persuasive approaches of judges based on Laclau and Mouffe's theory (1985, 2001, 2002). The methodology of this mixed research (qualitative & quantitative) is descriptive-analytic in which the data were collected via referring to courts and lawyers' offices, as well as studying hundreds of cases, and also observing dozens of interrogations during 1397 and 1398. Then, the authors analyzed 20 utterances of conversations of participants in discourse based on Laclau and Mouffe's theory. Moreover, it was found that the most persuasive approach of lawyers includes positive and negative biases comprising foregrounding and backgrounding respectively. These two notions appear in the field of discourse disputes in different ways. The results showed that backgrounding and foregrounding have their own strengths and weaknesses. Also, the findings indicated that the notions of foregrounding and backgrounding are ways of maintaining and sustaining the power and hegemony of a discourse.

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APA: Copy

Mehrabani, Jila, DEHGHAN, MASOUD, Saberi, Kourosh, & BADAKHSHAN, EBRAHIM. (2021). Persuasion and Lawyer's Biases in Criminal Cases: Critical-Forensic Discourse Analysis Approach. JOURNAL OF WESTERN IRANIAN LANGUAGES AND DIALECTS, 8(4 ), 97-115. SID. https://sid.ir/paper/412386/en

Vancouver: Copy

Mehrabani Jila, DEHGHAN MASOUD, Saberi Kourosh, BADAKHSHAN EBRAHIM. Persuasion and Lawyer's Biases in Criminal Cases: Critical-Forensic Discourse Analysis Approach. JOURNAL OF WESTERN IRANIAN LANGUAGES AND DIALECTS[Internet]. 2021;8(4 ):97-115. Available from: https://sid.ir/paper/412386/en

IEEE: Copy

Jila Mehrabani, MASOUD DEHGHAN, Kourosh Saberi, and EBRAHIM BADAKHSHAN, “Persuasion and Lawyer's Biases in Criminal Cases: Critical-Forensic Discourse Analysis Approach,” JOURNAL OF WESTERN IRANIAN LANGUAGES AND DIALECTS, vol. 8, no. 4 , pp. 97–115, 2021, [Online]. Available: https://sid.ir/paper/412386/en

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