Shehzad Ali

CMS ID: 370162

DEP: LLB 21

National University of Sciences and Technology (NUST)

The opening statement by the prosecutor Waples for the prosecution in the trial of Bernhart
Goetz is persuasive more in the context of artistic rhetoric. As the statement, “At first December
24th 1984 seemed a day much like any other day to the 20 or so passengers who were seated in
the seventh car of the 10 car IRT number 2 Downtown Express train” itself conveys the creative
and inventive approach which Mr. Waples has adopted to make it more emotional and appealing
to the judge. He has arranged the facts and events in such a manner that leads the logical
reasoning to the best to build strong and convincing arguments. Like, the use of phrases such as,
“a day much like any other day”, “passengers in the car”, “preoccupied with their own affairs,
reading, dosing”, “suddenly”, and “terrifying spectacles” are the wise use of words which clearly
portray something terrifying or a violence has happened to a peaceful and innocent life. The
logos, pathos and ethos which are essential elements of an artistic rhetoric have been wisely used
in this case.
Apart from the persuasive arrangement of facts and evidences and the artistic rhetoric, Waples
has logically rebutted and countered the arguments of defendant in another opening statement
which is stated as, “Convinced that the criminal justice system has collapsed, this defendant with
moralistic and self-righteous zeal, resolved to take the law in his hands. Like……
You are here to decide whether the idea of equal justice under the law for all people is a reality
or is an empty dream.”
Based on these artistic and non-artistic elements, it could be analyzed that this case has
persuasively utilized the requirements of an effective, well-organized legal rhetoric and writing.

Case Link: https://famous-trials.com/goetz/151-waplesopen